SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HEALTH SERVICE EXECUTIVE (DUBLIN NORTH EAST)
- AND -
(REPRESENTED BY SMYTH O' BRIEN HEGARTY SOLICITORS)
Chairman: Ms Jenkinson
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Appeal Of Adjudication Officer Decision No: ADJ-00005185 CA-00007139-001
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 10th of April 2017 the Adjudication Officer issued the following Recommendation:-
"On the Basis of the evidence and my Findings above and in accordance with section 13 of the Industrial Relations Act, 1969 I do not recommend in favour of the Complainant as this issue has already been adjudicated on under the Appeals mechanism of Circular 17/2013."
The employee appealed the Adjudication Officer’s Recommendation to the Labour Court on the 12th May 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 29th June 2017.
This is an appeal by an employee under the Industrial Relations Act, 1969 against the Recommendation of an Adjudication Officer Adj-00005185 into his claim seeking to be regularised in accordance with Circular 17/2013 where he had been acting up to the post of Primary Care Director since 2007. The Adjudication Officer did not recommend in favour of the Claimant as she held that the issue had already been adjudicated upon under the Appeals mechanism of Circular 17/2013.
Having considered the positions of both parties the Court notes that the having been turned down for regularisation, the Claimant utilised the agreed “Appeals Procedure Regarding Provisions of Circular 17/2013”. This procedure is a national agreed process, agreed between the HSE and nominated Trade Unions and provides for an independent appeal process to address cases where staff contend that the provisions of Circular 17/2013 should have applied to them. It states the following:-
- “The outcome of the adjudication process will be binding to the parties.”
By letter dated 19thApril 2016, the Adjudicator informed the Claimant of his decision on the appeal before him, the letter stated the following:-
- “Therefore as my decision is final and binding in determining Appeals, the decision in the matter of your Appeal in this process is therefore conclusive.”
In such circumstances, the Court must uphold the agreed “Appeals Procedure Regarding Provisions of Circular 17/2013” and therefore cannot find in favour of the Claimant’s claim. Accordingly, the Court upholds the Adjudication Officer’s Recommendation and rejects the appeal.
The Court so Decides.
Signed on behalf of the Labour Court
29 June 2017Deputy Chairman
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.