INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
ARKLOW HOME HELP SERVICES LIMITED
(REPRESENTED BY WR JOYCE & CO SOLICITORS)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr Shanahan
1. Appeal of Rights Commissioner's Recommendation R-138965-IR-13/MMG.
2. The case before the Court concerns the Employer's appeal of Rights Commissioner's Recommendation R-138965-IR-13/MMG. The dispute relates specifically to the Worker's claim for sick pay entitlements in line with an existing Collective Agreement. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 24th March, 2014 the Rights Commissioner issued his recommendation as follows:
"It is my recommendation therefore that the claimant receive the appropriate sick pay to which she is entitled as indicated in the Collective Agreement and document of the Labour Court to be paid by the respondent and covering the period of certified sick leave June to November 2013 as indicated in the claimant's evidence".
On the 17th April, 2014 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. Labour Court hearings took place in June and in October, 2014.
3. 1. The Union contends that in accordance with a Collective Agreement the Worker is entitled to be paid twelve weeks' sick pay in line with employees of the Health Service Executive (HSE).
4. 1. The Employer asserts that the Worker was appropriately remunerated in line with her terms and conditions of employment.
When the matter came before the Court the parties agreed to have the Rights Commissioner's recommendation set aside.
The Court so decides.
Signed on behalf of the Labour Court
30th October 2014______________________
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.