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LCR22106

FULL RECOMMENDATION
CD/19/140
DECISION NO. LCR22106
ADJ-00015760 CA-00020423-002

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
ADVANCED ENVIRONMENTAL SOLUTIONS (IRELAND) LTD / BORD NA MONA
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Connolly
Worker Member: Ms Tanham
SUBJECT:
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00015760 CA-00020423-002


BACKGROUND:

2. This matter was referred to an Adjudication Officer for investigation and Recommendation.

On 13 March 2019 the Adjudication Officer issued his Recommendation.The Company appealed the Adjudication Officer’s Recommendation to the Labour Court on 18 April 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 11 September 2019.


DECISION :

This is an appeal by an Employer of Decision ADJ-00015769 of an Adjudication Officer. There were two issues in dispute between the parties 1) the Worker’s claim for a day’s sick pay in respect of his absence from work on the 20th March 2018 and 2)the issue of a sick pay scheme. It is the Union’s submission that as part of a TUPE arrangement when the Worker transferred to this current Employer, he maintained his existing terms and conditions which included access to paid sick leave.

The Employer’s position is that the sick pay scheme that transferred across was discretionary therefore no entitlement to be paid existed. They also drew the Court’s attention to the fact that the Worker had in 2010 taken up a new role in the Company and the contract that he signed at that time clearly stated that there was no entitlement to paid sick leave. This issue was resolved to the satisfaction of both parties in the course of the hearing.

Both parties in their submissions made reference to collective issues that had surfaced at the first instance hearing. This case is a dispute under section 13 of the Industrial relations Act 1969 and therefore the Court does not have jurisdiction to address any collective issues.

The Court having heard the submissions of the parties upholds the appeal. The Recommendation of the Adjudication Officer is overturned.

The Court so Decides.




Signed on behalf of the Labour Court



Louise O'Donnell
DC ______________________
27 September 2019 Deputy Chairman



NOTE

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