FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-108805-ir-11/SR.
BACKGROUND:
2. This dispute concerns the manner in which the Employer deducted from the Worker what it deemed to be an overpayment of an allowance. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 5th January, 2012 the Rights Commissioner issued the following Recommendation:-
- "I see considerable merit in the claim and it is conceded in full - the Claimant should only be required to repay the overpayments made for the 3 year period before they ceased."
On the 16th February, 2012 the Worker 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 13th June, 2012.
UNION'S ARGUMENTS:
3. 1. The Worker was paid this extra money due to a Management oversight.
2.The Worker unsuccessfully queried the payment of this extra money several times with Management.
3.The Worker should only be required to repay the overpayments made for the final three years.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker was incorrectly paid an allowance.
2.Once this overpayment came to light the Employer immediately contacted the Worker to arrange a repayment plan.
3.Concession of this claim would create a precedent which would have serious financial repercussions for the Employer.
DECISION:
In the Court's view the recommendation of the Rights Commissioner was perfectly reasonable in the circumstances of this case. It is noted that the effect of the Rights Commissioner's recommendation is that the Claimant will now become entitled to repayment of moneys deducted in excess of the amount recommended by the Rights Commissioner.
The Court affirms the recommendation of the Rights Commissioner and disallows the appeal. The Court further determines that the moneys deducted beyond that provided for by the Rights Commissioner should be refunded to the Claimant within six weeks from the date of this decision .
Signed on behalf of the Labour Court
Kevin Duffy
11th July, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.