FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CITY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-126093-ir-12(B)GC.
BACKGROUND:
2. This dispute concerns the Workers' claim that the Employer incorrectly denied him access to an occupational injury benefit scheme during a prolonged period of sick leave. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 2nd May, 2013 the Rights Commissioner issued the following Recommendation:-
- "I do not find that the [Worker] was injured in the actual discharge of his duty or incurred an injury attributed solely to the nature of his duty. I find that the [Employer] acted correctly in the application of the sick pay scheme and I do not uphold the [Worker's] complaint."
On the 11th June, 2013 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 19th February, 2014.
3. 1. The Worker was on sick leave due to work-related stress from May 2011 to February 2012.
2.He should have been given the benefit of the occupational injury benefit scheme.
3.A workplace accident includes both physical and mental injury.
EMPLOYER'S ARGUMENTS:
4. 1.The occupational injury benefit scheme covers firefighters injured in the line of duty.
2.The Employer does not consider the Worker's absence to be covered by this scheme.
3.The Worker received his full sick pay entitlement during his absence.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court finds that the Union’s claim is not well founded and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
31st March, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.