INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9); INDUSTRIAL RELATIONS ACT; 1969
WICKLOW COUNTY COUNCIL
(REPRESENTED BY LGMA)
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
1. Appeal of Rights Commissioner's Recommendation r-125161-ir-12/MMG.
2. This dispute concerns the Workers' claim that an allowance was taken from her because she was pregnant. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 9th January, 2013 the Rights Commissioner issued the following Recommendation:-
- "It is my recommendation that during the period of her current absence on maternity leave that her remuneration be calculated inclusive of the allowance. It is noted that the [Worker] also sought redress for an earlier pregnancy, yet the [Employer] indicates that no claim or grievance was presented at that time. It is my recommendation that due to the timeframe this aspect of the claim fails."
On the 12th February, 2013 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of theIndustrial Relations Act, 1969. A Labour Court hearing took place on the 26th June, 2013.
3. 1. This allowance is paid during sick leave.
2.This allowance cannot be withheld as a result of a pregnancy related health and safety assessment.
3.The Worker's pay cannot be reduced because of her pregnancy.
4. 1.The Council has acted in accordance with the relevant legislation.
2.The Council has not discriminated against the Worker in any way.
3.The Worker has at all times received her contractual pay.
The matter comes before the Court by way of an appeal under Section 13(9) of the Act and has been dealt with in that context.
Having considered the submissions of both parties the Court finds that standard practice in the Sector supports the Union’s claim for payment of the allowance in respect of both of claimant’s period of pregnancy during which she was stood down from the relevant roster.
The Court decides accordingly.
The Rights Commissioner’s recommendation is so varied. The appeal is rejected.
Signed on behalf of the Labour Court
27th August, 2013______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.