LCR20618

SUBJECT:
1. Loss of Earnings


BACKGROUND:

2. This case concerns a dispute between the Company and Union in relation to the sick pay entitlements of a member of the cabin crew staff. The Union contends that the worker who was initially on occupational sick leave following an injury at work was then re categorised by the Company as being on normal sick leave. The Union contends that the worker has suffered serious financial losses as a result of the changes to his sick leave classification.

Management contends that it has correctly applied the terms of the sick pay scheme to the worker and that he has no further entitlements under the scheme.

On the 19th April 2013, the worker referred the matter to the Labour Court 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 September 2013.


UNION'S ARGUMENT:

3 1 The worker's injury was clearly occupational in nature as it occurred while he was at work. Management subsequently reclassified the sick leave which resulted in the worker receiving less entitlements under the Company sick pay scheme than if the injury had remained classified as occupational in nature. The Union is seeking that the worker be compensated for the loss of earnings.

COMPANY'S ARGUMENTS:


4 1 The worker exhausted all entitlements under the sick pay scheme. He was reassigned to suitable ground duties. While assigned to ground duties the claimant was paid his basic cabin crew rate of pay but did not receive additional payments relating to cabin crew credits. This is the standard practise within the organization and applies to all cabin crew staff who may be reassigned to other duties due to their temporary inability to carry out their cabin crew duties.

RECOMMENDATION:

The Court has carefully considered the submissions of both parties to this dispute.

The Court finds that the Company decided to pay the claimant sick pay entitlements in line with the standard arrangements that apply to staff that are absent from work as a result of an occupational injury.

The Court further finds that the Company facilitated the Claimant with suitable alternative employment as soon as was reasonably practical in all the circumstances then prevailing.

Finally the Court finds that the Company paid the Complainant in line with standard practice in respect of the period of time he was employed on ground duties.

On that basis the Court does not recommend concession of the Union's claim.



Signed on behalf of the Labour Court



Brendan Hayes
11th October 2013______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.