FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE DUBLIN MID LEINSTER - 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-142396-ir-14/RG.
BACKGROUND:
2. This dispute concerns the Workers' claim that he is entitled to full payment of the 'Cooperation Agreement' relating to staff transfers. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 13th January, 2015 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the Claimant be paid €2,000 ... This is not a finding that the [Worker] is comprehended by the 1997 Agreement."
On the 11th February, 2015 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 1st April, 2015.
3. 1. The Employer made a unilateral decision to deny the Worker this payment.
2.The Worker has the same entitlement to this payment as his colleagues who received it.
3.The Worker should receive this payment immediately.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker is not covered by the terms of the 'Cooperation Agreement'.
2.The Worker was transferred in accordance with the Public Service Agreement.
3.Concession of this cost-increasing claim is precluded by the Public Service Agreement.
DECISION:
The Court has given careful consideration to the extensive written and oral submissions of the parties to this appeal.
The Court finds that the Claimant was relocated to a community facility in Tallaght after the Public Service (Croke Park) Agreement came into effect. That Agreement makes express provision for the redeployment of staff across the public sector within the parameters of the Agreement. In these circumstances the Court must uphold the terms of the Public Service Agreement and reject the Union’s appeal.
This decision is made without prejudice or alteration to the status or contents of the Castlerea Formula or the 1997 Agreement on the transfer of staff to Tallaght Hospital.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
2nd April, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.