FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE SOUTH - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Acting-up allowance.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was not paid the appropriate acting-up allowance. The Worker referred this case to the Labour Court on 21st September, 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 4th April, 2012.
WORKER'S ARGUMENTS:
3. 1. The Worker filled a position on an acting-up basis from 2008 to 2010.
2. The Worker is owed a total acting-up allowance of €7,687.53 in respect of this period.
3.The Worker should be paid the monies owed to her.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker retired in November 2010.
2. The Union referred this matter to the Rights Commissioner almost 15 months after the Worker retired.
- 3. The Court does not have jurisdiction to hear this matter.
RECOMMENDATION:
The Court was informed that the Claimant retired from her employment 1n 2010. The claim was referred to the Rights Commissioner service of the LRC in March 2012. The HSE declined to consent to a Rights Commissioner investigation on the grounds that the Claimant was retired and not a worker within the meaning of the Industrial Relations Acts 1946 – 2012. The dispute was then referred to the Court in October 2012.
The Court has consistently held that it cannot investigate a dispute involving a person who is retired since such a person is not a worker within the meaning of the Industrial Relations Acts (see Labour Court Recommendation LCR16970 - Forfas v A Worker).
As the Claimant in this case was retired at the time the dispute was referred the Court cannot investigate the dispute.
Signed on behalf of the Labour Court
Kevin Duffy
31st May, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.