FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - ST JOHN'S HOSPITAL - AND - A WORKER (REPRESENTED BY DERMOT G. MC DERMOTT & CO SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-107973-ir-11/SR.
BACKGROUND:
2. This dispute concerns the Workers' claim that Management failed to roster him for Sunday work. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 18th October, 2011 the Rights Commissioner issued the following Recommendation:-
- "I can see no merit in the claim / complaint; it is rejected and is not upheld."
On the 16th November, 2011 the Employee appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 22nd May, 2012.
3. 1. The Workers have the relevant qualifications and have been carrying out the duties of an Instructor for some time.
2.The Public Sector Agreement preserves the status quo in respect of pay and conditions.
3.The Workers are simply seeking the established rate for the Inspector role which they are carrying out.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker has no contractual entitlement to work Sunday night on a pro rate basis.
2.The Employer endeavours to distribute Sunday work fairly between a group of staff.
3.There is, accordingly, no merit to the Worker's claim.
DECISION:
This is an appeal by the Claimant of a Rights Commissioner’s Recommendation which found against his claim for compensation due to Management’s failure to roster him for Sunday work (which attracts a premium rate), for the period from December 2005 to March 2009.
The Claimant had worked on Sundays as part of his roster from 2001 until December 2005 when he reduced his working hours for personal reasons. At the same time, as part of a equalisation process Management ceased rostering him for Sunday work. This came about as it was felt that the Claimant had been rostered for a disproportionate amount of Sundays in the previous five years.
Having considered the submissions of both parties the Court is of the view that equal distribution of Sunday working should include the Claimant and accordingly finds in favour of the appeal. The Court clarified with the Claimant’s legal representative that the compensation claimed is €6,318.50. The Court recommends that this payment should be paid to the Claimant within a period of six weeks from the date of this Recommendation.
The Court upholds the appeal and overturns the Rights Commissioner’s Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
9th July, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.