FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CITY & COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Appeal Of Adjudication Officer Decision No: ADJ-00002861
BACKGROUND:
2. The Worker appealed the Decision of the Adjudication Officer to the Court on the 20th of April 2017 in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court Hearing took place on the 7th of June 2017.
UNION'S ARGUMENTS:
The Union argued that an injury suffered by the Worker while at work came under the terms of the Council's Fire Service Accident Pay Scheme (the scheme). As such, the Union believe that the Worker was entitled to be paid in accordance with the terms of the scheme for the duration of his absence from Work due to his accident. Furthermore, the Union claimed that the refusal to implement this scheme in relation to the injury suffered by the Worker was a unilateral change to the Council's previous application of the scheme.
COUNCIL'S ARGUMENTS:
The Council stated that they did not accept the Unions contention that the Claimant met the criteria required for the application of the Fire Service Accident Pay Scheme (the scheme). The Council stated the the aforementioned scheme can only be applied to Fire Fighters who suffer injury while directly involved in carrying out their duties at the scene of a fire. Furthermore the Council stated that if it were to widen the parameters of the scheme to include this specific incident it could possibly alter the fundamentals of the scheme to an extent that would render the scheme inoperable.
DECISION:
Having considered the submissions of both parties to this dispute the Court finds that the Union has established that injuries at work of the type suffered by the Claimant in this case, have come within the scope of the Agreement of 19 April 1994 and should be paid accordingly. The Court recognises that this decision will have consequences for both the Claimant's level of sick pay and for his pension entitlements.
The Court also finds that such injuries were not originally intended to come within the scope of that agreement . Accordingly the Court instructs the parties to engage with a view to agreeing guidelines for the classification of injuries that properly come within its scope with a view to bringing the Council's practice back in line with the Agreement's original purpose.
Signed on behalf of the Labour Court
Brendan Hayes
JD______________________
14 June 2016Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.