FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN BUS HEAD OFFICE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-141390-ir-14/JOC.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Employer should have paid him occupational injury benefit in respect of an injury he received while working. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 21st October, 2014 the Rights Commissioner issued the following Recommendation:-
- "Based on the evidence as submitted I cannot support the [Worker's] position and must recommend rejection of the claim."
On the 25th November, 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 6th February, 2015.
3. 1. The Worker was injured while driving the Company's bus.
2.The Worker reported this incident immediately on his return to the depot.
3.The Company unfairly denied the Worker occupational injury benefit.
EMPLOYER'S ARGUMENTS:
4. 1.The Employer accepts that the Worker injured his back.
2.The Employer does not accept that the Worker injured his back while working.
3.The Worker received injury benefit for the 118 days he was absent following this incident.
DECISION:
Having considered the submissions of the parties the Court can see no reasonable basis upon which it could interfere with the recommendation of the Rights Commissioner.
Accordingly, the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
9th February, 2015______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.