FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE (REPRESENTED BY BYRNE WALLACE,SOLICITORS) - AND - A WORKER DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Access to pension rights and penalisation for seeking statutory pension entitlement and reporting a wrongdoing.
BACKGROUND:
2. This dispute concerns access to pension rights and penalisation for seeking statutory pension entitlement and reporting a wrongdoing. The Worker referred this case to the Labour Court on 14 August 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 11 October 2019.
WORKER ARGUMENTS:+
3. 1. There are two issues in dispute between the parties. One relates to the Worker’s pension and the other relates to a disciplinary sanction.
EMPLOYER ARGUMENTS:
4. 1. The Employer confirmed that they will have the relevant pension paperwork to the Worker by the end of October 2019 and that the internal process relating to the disciplinary sanction has now concluded.
RECOMMENDATION:
At the commencement of the hearing the Court clarified that none of the parties were covertly recording the hearing in breach of the Court’s Rules. As a matter of general practise the Court does not approve of covert recordings in the workplace not least because they can raise Data Protection issues.
There are two issues in dispute between the parties. The first issue relates to the implementation of a WRC Recommendation from March 2019. The second issue relates to a disciplinary sanction.
In relation to the first issue regarding the Worker’s pension, the Employer confirmed to the Court that arrears are no longer accruing and that they will have the relevant pension paperwork to the Worker by the end of October 2019 as they have now finalised the relevant calculations from their end.
Concerning the second issue, the disciplinary sanction, it was confirmed to the Court that at the time the issue was referred to the Court the issue was also the subject of an internal appeal by the Worker and therefore could not be properly before the Court. The Court was told that the outcome of that appeal had only recently issued and that concluded the internal process. The Employer confirmed to the Court that there was no obstacle to a worker appealing such a finding in the normal way to an Adjudication Officer. The Employer confirmed to the Court that they did not have a hard and fast rule in relation to whether or not they would attend such a hearing but that each case is considered on its own merits.
The Courts notes the commitment of the Employer in relation to the first issue and recommends that all the relevant pension paperwork is with the Worker no later than the 31stOctober 2019. In relation to the second issue, as the outcome of the appeal was not before this Court, the Court recommends that any issue that may arise from the outcome of that appeal be progressed in the normal way to an Adjudication Officer.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
MK______________________
14 November 2019Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.