FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THE MENTAL HEALTH COMMISSION (REPRESENTED BY ARTHUR COX SOLICITORS) - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-149190-ir-14/JW.
BACKGROUND:
2. This dispute concerns the Worker's claim that she should be regularised as a HEO. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 12th August, 2015 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the [Worker's] position is regularised at the HEO Grade at the eight point of the scale."
On the 4th September, 2015 the Employer 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 November, 2015.
3. 1. The Worker's letter of appointment made no mention of it being conditional on sanction.
2.The Worker has carried out HEO duties since her appointment.
3.The Rights Commissioner's Recommendation is fair and reasonable.
EMPLOYER'S ARGUMENTS:
4. 1.The Employer is required to comply with Government policy.
2.The Worker was always aware that her post was subject to and conditional upon official sanction.
3.The Employer has been unable to secure official sanction for the Worker's post.
DECISION:
Having given careful consideration to the submissions of both parties the Court, in the unique circumstances of this case, and, noting that the Claimant was appointed to the position of Acting Administration Officer in March 2009, affirms the recommendation of the Rights Commissioner and decides accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
17th November, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.