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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE, UNIVERSITY OF LIMERICK HOSPITAL GROUP
- AND - A WORKER (REPRESENTED BY FORSA TRADE UNION) DIVISION : Chairman: Mr Geraghty Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00017623 and CA-00022740-001
BACKGROUND:
2. The Union on behalf of the Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 1 July 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 19 September 2019.
DECISION :
The Court appreciates that the Worker was frustrated by the delay in the return to work following a career break. However, the terms of the scheme, which the Worker acknowledged with her signature, provide clearly that the only guarantee that can be given to the Worker is that she must be re-engaged within twelve months of the due date of return. The Court notes that the Employer operated within the terms of the scheme and, therefore, the Worker’s claim cannot be upheld.
Signed on behalf of the Labour Court
Tom Geraghty
DC ______________________
23 September 2019 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.