FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IMPERIAL TOBACCO (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-107272-ir-11/JW.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was not receive his correct sick pay entitlement and that he was incorrectly forced to repay a bonus. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 20th October, 2011 the Rights Commissioner issued the following Recommendation:-
- “Based on the evidence presented at the hearing, I recommend that the complaint is not well-founded and therefore fails”.
On the 24th November, 2011 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 26th April, 2012.
3. 1. The Worker's sick leave resulted from work-related stress.
2. The Worker complied at all times with the Company's sick pay scheme.
3.The Worker should be paid his sick leave pay and reimbursed his bonus payment.
COMPANY'S ARGUMENTS:
4. 1. The Worker was paid his full sick pay entitlement.
2. The Worker was not entitled to a bonus payment in respect of the period he was on sick leave .
3. This vexatious and frivolous claim should be rejected.
DECISION:
The Court is satisfied that there was an inordinate delay in raising the issue now in dispute. Moreover, a dispute arising from what are essentially the same facts as are now in issue was referred to a Rights Commissioner in January 2009 and the Recommendation of the Rights Commissioner was appealed to the Court. The Court issued its Decision (AD0964) on 23rd July 2009 upholding the recommendation of the Rights Commissioner. It seems clear that the issue now before the Court was extant at the time that the earlier dispute was referred to a Rights Commissioner and the Court. The Court can see no justifiable reason as to why the issue was not raised as part of the earlier hearings.
In these circumstances the Court regards it as wholly unreasonable to pursue the matter at this time.
In relation to the bonus issue it is clear that the Claimant accepted that this was paid in error and he agreed to repay the amount involved. He cannot reasonably now claim repayment of the amount involved.
In all the circumstances of the case the Court is satisfied that the approach of the Rights Commissioner was reasonable. Accordingly the Recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
4th May, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.