FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TEAGASC - AND - A WORKER (REPRESENTED BY SIPTU) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-128162-ir-12/MMG.
BACKGROUND:
2. This dispute concerns the Workers' claim for compensation for the loss of overtime which resulted from his transfer to different duties following the findings of a health and safety investigation. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 9th April, 2013 the Rights Commissioner issued the following Recommendation:-
- "[A] one-off compensatory payment should be made to the [Worker] in recognition of the loss of this overtime and it is my opinion that this figure should be €10,000."
On the 25th April, 2013 the Employer 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 1st November, 2013.
3. 1. The Employer first conducted an investigation into groundless bullying allegations made against the Worker.
2.The Employer then changed tactics and conducted a health and safety investigation which resulted in the Worker losing his overtime.
3.The Worker has suffered a considerable financial loss.
EMPLOYER'S ARGUMENTS:
4. 1.The health and safety investigation recommended removing the Worker from contact with livestock in order to protect him from future injury.
2.The Employer is obliged to protect its staff from reasonably foreseeable injury.
3.The Employer should not therefore be required to compensate the Worker.
DECISION:
Having considered the submissions of both parties to this dispute the Court decides that the figure of €10,000 recommended by the Rights Commissioner be reduced to €5,000.
The Rights Commissioner’s recommendation is varied accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
14th November, 2103______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.