FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE NORTH WEST - AND - PNA DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appointment of an individual to a post / pension ramifications.
BACKGROUND:
2. This dispute concerns the Worker’s claim that the Employer’s delay in reinstating him on a national panel for permanent staff nurse positions impacted on his pension benefits. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 16th April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 25th March, 2015.
UNION'S ARGUMENTS:
3 1The Worker was offered a job but this offer was later withdrawn due to issues with references.
2The Worker successfully appealed this decision but it took the Employer 45 weeks to deal with this appeal.
3The Worker should not suffer financially because of problems and delays which had nothing to do with him.
EMPLOYER'S ARGUMENTS:
4 1The Worker’s appointment was processed in accordance with the relevant policies and legislation.
2There was objective grounds for any delay in processing this appointment.
3.Concession of this claim is precluded by legislation and would inevitably lead to similar claims nationwide.
RECOMMENDATION:
In the circumstances of this case the Court cannot see any viable basis upon which it could recommend that the Claimant be placed in the HSE pension scheme after it was closed and in circumstances in which the HSE is statutorily precluded for so doing. Nor does the Court consider that the payment of compensation is appropriate in this case.
In these circumstances the Court does not recommend concession of the Union’s claim.
Signed on behalf of the Labour Court
Kevin Duffy
30th March, 2015______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.