FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTERN CARE ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY CALLAN TANSEY, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Appeal of Rights Commissioner / Adjudication Officer Recommendation No. R-148889-IR-14.
BACKGROUND:
2. This matter was referred to a Rights Commissioner / Adjudication Officer for investigation and Recommendation. On the 4 March 2016 the Rights Commissioner / Adjudication Officer issued the following Recommendation:-
- In all of the circumstances I recommend that the claimant be reinstated to the position of Social Care Leader with immediate effect or as soon as she is deemed medically fit to resume work, that the respondent pay her €5,235.15 to make good the loss arising from her suspension and the respondent pay the claimant a once off compensatory payment of €20,000 for the distress arising from her unfair treatment.
A Labour Court hearing took place on the 4 November 2017.
UNION'S ARGUMENTS:
3. 1. The Worker's demotion was substantively and procedurally unfair.
2. The allegations underpinning the demotion were without foundation.
EMPLOYER’S ARGUMENTS:
4. 1. The Employer contends that the Worker was returned to her substantive post of Relief Social Care Worker
2. An investigation was carried out due to the failure of the Worker to follow reporting procedures.
DECISION:
The Court notes that this case was postponed when it first came on for hearing before the Court to allow the Claimant pursue a personal injuries claim. When the matter returned to the Court the Solicitor for the Claimant told the Court that those proceedings had been withdrawn which was later confirmed in writing and on that basis the Court proceeded with the instant case.
The Payment of Wages Act claim was previously withdrawn which was further confirmed to the Court.
The Court having considered all the relevant submissions made to it the Court finds merit in the Claimant’s case.
The Court finds that the dispute between the parties should be resolved on the following basis:-
1. The Claimant be returned to the grade she held immediately before she was suspended from duty and assigned to a suitable vacancy at that level with no less than 29.6 hours per week. The duration of this appointment to be determined in consultation with the Claimant taking into account the level of demand for such relief work in the Association.2. The Claimant be paid full sick pay (i.e. full Social Care Leader salary less the value of the personal social welfare payments payable to her) between 3 August 2014 and 19 December 2015.
3. That the relevant monies due to her be paid to her within one calendar month of her making herself available for and resuming work with the Association.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
30 November 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.