FULL RECOMMENDATION
SECTION 13(9); INDUSTRIAL RELATIONS ACT; 1969 PARTIES : ADELAIDE MEATH INCORPORATING THE NATIONAL CHILDREN'S HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00002682.
BACKGROUND:
2. This case concerns a claim for compensation for loss of earnings in accordance with the terms of the Public Service Agreement.
- The Employer said that the Claimant has been offered this compensation subject to her agreeing to sign a contract in relation to her current clerical / administrative role.
- The Claimant said she is entitled to the compensation and that it was always her intention to return to her role in the Catering Section.
- This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 6th October 2016 the Adjudication Officer issued the following Recommendation:-
- I have considered the submissions of both parties. The Claimant declined to apply for a vacancy in the catering area but has benefitted by being paid at a clerical grade that is higher that the role demands.
I recommend that she be paid her entitlement to the compensation as stated at the hearing only when she agrees and signs the contract for her clerical role she currently holds.
- I have considered the submissions of both parties. The Claimant declined to apply for a vacancy in the catering area but has benefitted by being paid at a clerical grade that is higher that the role demands.
The Claimant appealed the Adjudication Officer’s Recommendation to the Labour Court on the 15th November 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 26th January 2017.
WORKERS’S ARGUMENTS:
3. 1. She was employed in the hospital since 1998 as a Catering Manager.
2. In July 2010, there was a major fire in the Catering Department and she was temporarily reassigned to a clerical administrative role.
3. She is entitled to the compensation under the terms of the Public Service Agreements and she should not have to sign a new contract of employment.
EMPLOYER’S ARGUMENTS:
4. 1. The Claimant has been offered the compensation payment she is seeking.
2. However, she must formally agree to the terms and conditions of employment that apply to the role she is now filling.
3. She will be in no way disadvantaged by signing a new contract.
DECISION:
This matter comes before the Court as an appeal of a decision of an Adjudication Officer on a claim made under the terms of the Public Service Agreements for compensation for loss of earnings. The Claimant contends that she is entitled to a sum of €5,520.50, under the terms of those Agreements. The Employer accepts that the Claimant is so entitled.
The matter before the Court has become complicated by virtue of the parties’ wishes in two other matters. The Employer considers that the Claimant should sign a new contract of employment consistent with her current work assignment and the Claimant considers that she should be afforded the opportunity to be assigned to the Catering department.
The Court considers these latter matters to be separate from a claim for compensation for loss of earnings arising under the terms of the Public Service Agreements. In taking that view the Court does not infer that it is unreasonable for the Employer to seek to align the Claimant’s contract of employment with her role and neither does the Court infer that it is unreasonable for the Claimant to seek an understanding with her Employer as regards the circumstances under which she might secure an assignment to the Catering department.
The Court therefore recommends that the matter before the Court should be resolved by payment to the Claimant of the sum of €5,520.50 in full and final settlement of her claim for compensation for loss of earnings. Any other matter between the parties should be engaged with through normal procedures as required.
The decision of the Adjudication Officer is amended accordingly.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
30th January, 2017.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.