FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RED RIBBON PROJECT (REPRESENTED BY HELIX HR) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-125191-ir-12/GC.
BACKGROUND:
2. This dispute arose from the unilateral withdrawal of the provision in the Worker's contract of employment for full maternity leave. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 20th August, 2013 the Rights Commissioner issued the following Recommendation:-
- "I note that the [Worker's] salary is aligned with HSE rates and she has been subject to the Public Sector paycuts. I recommend that in keeping with this alignment that the [Worker's] future entitlement to paid maternity leave be on the basis as that which applies to her equivalent grade in the Public Sector."
On the 9th September, 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 25th March, 2014.
3. 1. The Employer is an organisation committed to improving equality for all citizens.
2. The removal of paid maternity leave is not in keeping with the Employer's ethos.
3.The Worker's contractual right to full maternity leave should be restored immediately.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker is a very valued team member.
2. The Employer has to operate prudently with increasingly limited financial resources.
3. The Employer cannot afford to pay this maternity payment while also having to employ a replacement.
DECISION:
This is an appeal by the Employer of a Rights Commissioner’s Recommendation which found in favour of the Claimant’s claim for reinstatement of paid maternity leave benefit.
Due to a cut in its funding the Employer sought to reduce costs within the Organisation and sought to discontinue paid maternity leave benefit.
The Court notes that since December 2011 paid maternity leave benefit is no longer available to employees in the Organisation. However, the Court also notes that the Claimant’s terms and conditions of employment, entered into in 1997 included a provision for paid maternity leave benefit.
In all the circumstances of this case the Court recommends that as the Claimant has had a long standing contractual entitlement to this benefit she should be entitled to retain it on a personal to holder basis. Therefore the Court upholds the Rights Commissioner's Recommendation and rejects the Employer’s appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
14th April, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.