FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRISH RAIL - AND - A WORKER (REPRESENTED BY NBRU) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-131919-ir-13/RG.
BACKGROUND:
2. The case before the Court concerns what is reasonable and fair when calculating the seniority status between two colleagues when the more senior broke his service when made redundant for a period of time. The Claimant entered the Company on 18th December 2000 while his colleague entered on 10th December 1999.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 29th October, 2013, the Rights Commissioner issued her Recommendation as follows:-
"The Claimant is seeking that he be determined to be senior to a named colleague. This effectively is seeking that the agreement of 2004, endorsed by a Rights Commissioner recommendation in 2006, should be set aside and the Claimant deemed senior to a named colleague. I decide I cannot recommend in favour of the Claimant."(Colleague was named in Rights Commissioner's Recommendation)
On the 9th January, 2014 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 16th April, 2014.
UNION'S ARGUMENTS:
3. 1.Seniority could become a very important issue if at some time in the future the Company were to introduce redundancies.
COMPANY'S ARGUMENTS:
4. 1.The Colleague took a case to a Rights Commissioner in 2006 which confirmed that the agreement of 7th October 2004 remain largely unaltered and that he should have the four years' service prior to his redundancy credited for seniority purposes.
2.If the Company were to concede the claim it could undermine previous agreements entered in good faith.
DECISION:
This is an appeal by the Union on behalf of a Worker of a Rights Commissioner’s Recommendation which found against his claim regarding seniority. The Union informed the Court that the main concern regarding the Claimant’s seniority related to the issue of redundancy in the event that such a situation may arise in the future.
Having considered the submissions of both sides the Court notes as a fact that the Claimant commenced employment on 18thDecember 2000 when he joined the Company. For the purposes of redundancy (if such should arise) his service will be calculated from that date. The Court is of the view that this finding of fact should not disturb the specific agreement/arrangement entered into between the Company and another Worker referred to in the course of the hearing.
Therefore, the Rights Commissioner’s Recommendation is overturned.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th May, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.