FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROTUNDA HOSPITAL FN THE ROTUNDA HOSPITAL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal Of Adjudication Officer Decision No ADJ-00002492.
BACKGROUND:
2. This dispute concerns the Workers claim that Management failed to pay him a "Holiday Premium Payment". This dispute was referred to an Adjudication Officer for investigation and recommendation. On the 20th January, 2017 the Adjudication Officer issued the following Recommendation:-
- "I do not find the claim well founded and it fails."
On the 2nd March, 2017 the Employee appealed the Adjudication Officer'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 18th April, 2012.
UNION'S ARGUMENTS:
3. 1. Since 2012 the Worker has been assigned by the Hospital to work hours that attract premium payments, as per his contract of employment and the Health Service handbook.
2. Payments are made by the Employer to other employees who are deemed eligible by virtue of having worked 'premium hours' in the preceding 12 months.
COMPANY'S ARGUMENTS:
4. 1. The Claimant entered into a new employment contract with the Respondent in June 2012. Under that contract, he was not in receipt of holiday premium payments.
2. Such payments are specifically precluded from being paid in respect of overtime hours due under the HSE's Terms and Conditions of Employment.
DECISION:
This is an appeal by the Union on behalf of Mr Patrick Mooney against an Adjudication Officer’s Recommendation which found against his claim. The Claimant’s claim concerned the Hospital’s alleged failure to pay him “Holiday Premium Payment” from July 2012.
The Claimant claimed that he was entitled to such payments as per his contract of employment, which obliges him to work regular and rostered overtime hours.
Management rejected the claim on the basis that the Claimant concluded discussions on a new contract of employment on 14thJune 2012, where he was upgraded to Administrative Grade IV. This followed prolonged negotiations which included a lump sum for loss of overtime earnings. It disputed his entitlement to the Holiday Premium Payment on the basis that the premium payments referred to specifically exclude overtime. Furthermore, such payments are not paid to Officer Grades.
Having considered the submissions made by both parties the Court notes that having signed and accepted a new contract on 19thJune 2012 regrading the Claimant to Administrative Grade IV; he is now an Officer and as such has no entitlement to Holiday Premium Payments. The Claimant has no other premium payments; overtime is specifically excluded from the calculation of Holiday Premium Payment. In such circumstances the Court cannot recommend in favour of the Claimant’s claim.
Accordingly the appeal is rejected and the Adjudication Officer’s Recommendation is upheld.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th April 2017______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jason Kennedy, Court Secretary.