FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLARE COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - PAT LEAMY (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. An appeal of a Rights Commissioner's Recommendation R-145967-Ir-14
BACKGROUND:
2. This dispute concerns the Workers' claim that Management failed to pay him for call-outs over and above his 39 hour contracted working week. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 18th May, 2015 the Rights Commissioner issued the following Recommendation:-
- "I am not in a position to make a recommendation favourable to the claimant as petitioned in respect of entitlement to payment for callout or Christmas bonus."
On the 16th June, 2015 the Employee 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 21st October, 2015.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against his claim for on call and call-out payments, as applies to General Operatives and Related Grades.
The Claimant is employed by the Council as a Regional Caretaker Grade V and he seeks application of Circular dated 20thDecember 2005“Re: On Call Provision – General Operatives and Related Grades”.
At the hearing before the Court it became obvious that the implications of the claim could have an impact on the Regional Caretaker Grade as a whole, therefore the parties decided and agreed to discuss the issue as a collective issue in respect of this Grade. It was also agreed that these discussions would take place with immediate effect and be completed no later than eight weeks from the date of the Court hearing. Therefore the appeal before the Court is adjourned pending the outcome of these discussions.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd November, 2015______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.