FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: HEALTH SERVICE EXECUTIVE WEST - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION:
SUBJECT: 1.Appeal of Adjudication Officer Decision No(S)ADJ-00038771, CA-00049731-002 This is an appeal by the Worker from a Recommendation of an Adjudication Officer (ADJ-00038771/CA-00049731-002, dated 18 November 2022) under section 13 of the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 13 December 2022. The Court heard the appeal in a virtual courtroom on 22 February 2023. The Worker has been employed by the HSE/ the Western Health Board (‘the Respondent’) as a General Operative since 1977. The dispute concerns a request by the Worker for payment for sixty-six hours of accrued overtime. The Respondent submits that the established custom and practice is to allow workers to take time-off-in-lieu (‘TOIL’) in respect of such accrued overtime hours. The Worker relies on a letter dated 19 April 2010 from the Respondent to SIPTU that states:
Discussion and Decision The resolution of the within dispute turns on the interpretation of the letter of 19 April 2010 which relates to the terms and conditions of a cohort of workers employed by the Respondent. The matter is, therefore, collective in nature and, in the Court’s view, not properly before it under section 13 of the Industrial Relations Act 1969. When asked about this by the Court, the Worker’s Representative concurred. The appeal, therefore, does not succeed. The Recommendation of the Adjudication Officer is varied accordingly. The Court so decides.
NOTE Enquiries concerning this Decision should be addressed to Nuria de Cos Lara, Court Secretary. |