LCR22875

CD/23/136

DECISION No. LCR22875

INDUSTRIAL RELATIONS ACTS 1946 TO 2015

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES:

A Worker

(REPRESENTED BY SIPTU)

AND

Stewarts Care Limited

(Represented by Lauren Tennyson B.L.
Instructed by O'Mara Geraghty McCourt Solicitors)

DIVISION

 Chairman: Mr Foley

 Employer Member:Mr O'Brien

 Worker Member: Ms Tanham

SUBJECT

Appeal of Adjudication Officer Decision No's: ADJ-00040048 (CA-00051527)

BACKGROUND

The Employer appealed the Adjudication Officer's Recommendation to the Labour Court on 2 May 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 17 November 2023.

DECISION

The Court has given very careful consideration to the written and oral submissions of the parties.

The claim before the Court relates to a worker who was suspended by the employer in accordance with arrangements arising from the trust in care policy in place in the employment and across the sector nationally. The worker was suspended on pay and received her contractual rate of pay. She was not however paid weekend premiums while she was suspended, and her claim is that she should now receive such payments for the entire period of her suspension. The employer rejects the claim and submits that the arrangements in place in the employment as regards suspension of workers arising from the trust in care policy do not provide for payment of weekend premiums to the suspended worker during the period of suspension.

The Industrial Relations Act 1969 at Section 13(2) makes provision as follows:

(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with rates of pay of, hours or times of work of, or annual holidays of, a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.

The employer has submitted that the arrangements as regards payment of weekend premium to the worker were identical to workers who have been suspended previously and currently. That submission is not controverted by the trade union.

The Court concludes that the union's claim relates, in reality, to a claim for a change in the pay arrangements applicable to a worker who is suspended arising from the operation of the trust in care policy. It is clear that any such change would affect the pay arrangements of any worker who would find themselves suspended in such circumstances. The matter therefore is connected with the rate of pay paid to a body of workers who are suspended in similar circumstances to those experienced by the worker in the within trade dispute.

The Court concludes therefore that the Act at section 13(2) makes clear that an Adjudication Officer, and this Court on appeal, are without jurisdiction in relation to the within dispute under this section of the Act.

The appeal succeeds and the recommendation of the Adjudication Officer is set aside.

The Court so decides.

Signed on behalf of the Labour Court

NOTE

Enquiries concerning this Decision should be in writing and addressed to David Campbell, Court Secretary.