FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN EMPLOYER - AND - A WORKER (REPRESENTED BY IRISH NURSES AND MIDWIVES ORGANISATION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. An appeal of an Adjudication Officer's Decision No(s)ADJ-00016364 CA-00021232-001
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Employer. A Labour Court Hearing took place on 5 December 2019.
DECISION:
The Court has given careful consideration to the written and oral submissions of the parties.
The Claimant seeks compensation for a delay in the issuance of a circular by the Department of Health and Children (DOH and C). The circular in question issued on 2ndMay 2019 and made provision for payment of top up maternity leave payments to mothers arising from the occurrence of a premature birth. Legislation providing for extended maternity benefit to be paid by the Department of Employment Affairs and Social Protection and extended maternity leave became operational on 1stOctober 2018.
The DOH an C circular made provision for retrospective application of the top up payments. Payments were retrospectively made to the Claimant as a result. No claim is before the Court for outstanding entitlements to maternity top up payments.
The Claimant contends that certain other employees of the employer received maternity top up payments in advance of the issuance of the May 2019 circular by the DOH and C.
The Court has no information which would assist it in understanding the process followed by the DOH and C in coming to a decision to issue a circular authorising this employer to make top up payments for extended maternity leave because of prematurity. The Court notes that the employer in this case responded to the DOH and C circular within twelve days by authorising its system to make such payments. No submission has been made that the employer had sanction to make top up payments in advance of receipt of a circular from DOH and C authorising such payments.
The Court notes the union submission that certain other staff of the employer had received top up payments in advance of issuance of the DOH and C circular. The employer has submitted that if such an event occurred it would raise very serious issues of governance for the organisation.
The Court understands that the employer and Trade Unions discussed the matter of extended maternity leave top up payments as a national issue at their joint negotiation forum in the months leading up to the issuance of the DOH and C circular. The circular itself allowed for appropriate retrospection of payments.
In all of the circumstances the Court cannot recommend concession of the within claim.
The decision of the Adjudication Officer is set aside and the appeal succeeds.
Signed on behalf of the Labour Court
Kevin Foley
DC______________________
10 December 2019Chairman
NOTE
Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.