FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-150827-ir-14.
BACKGROUND:
2. This dispute concerns the Worker's challenge to the Employer's decision to remove an allowance. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 13th July, 2015 the Rights Commissioner issued the following Recommendation:-
- "I uphold the complaint and recommend that the allowance be restored with effect from the date it was withdrawn."
On the 19th August, 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 7th October, 2015.
3. 1. The allowance is part of the Worker's terms and conditions of employment.
2.The Employer's decision to remove the allowance was a breach of several agreements.
3.The allowance should be restored with full retrospection.
EMPLOYER'S ARGUMENTS:
4. 1.The Employer has consistently dealt with the Worker in a fair and transparent manner.
2.The Employer cannot, however, treat the Worker more favourably than his colleagues.
3.The Employer had no alternative but to withdraw the allowance from the Worker.
DECISION:
The Claimant has worked in the Respondent’s ambulance service since 1997. He is a qualified paramedic and EMT. The Claimant worked as a front-line EMT until 2004 when he was assigned to the Respondent’s Patient Transfer Service. From 2009 to date the Claimant has been permanently assigned to the ICV service. It is a requirement that the person assigned to the ICV is a qualified EMT.
The Claimant was paid an allowance between 1997 and July 2012. The Claimant is of the view that the allowance in question had become part of his normal pay. He is therefore seeking to have this allowance restored.
The Respondent relies on Paragraph 6.9 of the 2011 National Ambulance Service Framework Agreement as the basis for discontinuing the allowance previously paid to the Claimant.
Recommendation
The Court, having considered the parties’ submissions and having regard to the very particular circumstances that give rise to this claim, recommends that the Respondent should compensate the Claimant for the loss of his allowance at the standard PSA rate. This Recommendation is made on a without precedent basis in respect of this or any other employment.
The Right’s Commissioner’s Recommendation is varied accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
27th October, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.