Labour Court Database
__________________________________________________________________________________
File Number: CD86660
Case Number: AD876
Section / Act: S13(9)
Parties: MEATH HOSPITAL - and - EDWARD WALSH
|
Subject:
Appeal against Rights Commissioner's Recommendation DM50/86 concerning a claim by a worker for loss overtime from 1967.
Recommendation:
5. In this case the Court is of the opinion that the
recommendation of the Rights Commissioner was correct and
therefore decides that it should stand.
Division: Mr O'Connell Mr Shiel Mr O'Murchu
Text of Document__________________________________________________________________
CD86660 THE LABOUR COURT AD6/87
Section 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 6 OF 1987
Parties: MEATH HOSPITAL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
Appeal against Rights Commissioner's Recommendation DM50/86
concerning a claim by a worker for loss overtime from 1967.
Background:
2. The worker concerned commenced employment in the the Meath
Hospital as a boilerman in July, 1961. From the beginning he
worked an extra ten hours a week overtime in addition to the
normal number of hours worked. In December, 1967 the Hospital
installed a new automatic boiler system. This resulted in a
change of duties for the worker concerned and he was no longer
required to work overtime. He did not work any overtime from that
time until he retired in 1978. On seeing a reference to a Labour
Court Recommendation No. 10,164 in a daily newspaper which
referred to compensation being paid to a boilerman for loss of
overtime, the worker referred a claim for compensation to a Rights
Commissioner. The Rights Commissioner issued the following
recommendation on 21st July, 1986:-
"I am satisfied that the worker was adequately and properly
dealt with in the circumstances obtaining when the change
over took place and his claim for compensation at this stage
is not in my opinion justified. I do not recommend
concession of his claim."
The worker then appealed against this recommendation to the Labour
Court under Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 7th November, 1986.
Union's arguments:
3. (a) The worker co-operated fully with the Meath Hospital
during the transition from the old boiler system to the
new automatic system.
(b) The claim for compensation is justified in view of the
continuous nature of the overtime enjoyed by the
worker.
(c) The worker did not expect to suffer any loss of
earnings because of the introduction of the new
automatic system.
(d) The ten hours overtime involved was regarded by the
worker as an integral part of his earnings.
Hospital's arguments:
4. (i) On the introduction of the new automatic system, the
worker was given additional duties to ensure he was
fully employed. Otherwise he would have been made
redundant.
(ii) The worker was at liberty to claim compensation at that
time, and management cannot accept at this stage, eight
years after he has retired, that he should now be
entitled to seek payment from the Meath Hospital.
(iii) The Hospital, due to severe financial difficulties, is
not in a position to pay anyone compensation for loss
of overtime earnings and such payments are not being
sanctioned by the Department of Health.
DECISION:
5. In this case the Court is of the opinion that the
recommendation of the Rights Commissioner was correct and
therefore decides that it should stand.
~
Signed on behalf of the Labour Court
John O'Connell
_____________________
Deputy Chairman.
18th January, 1987.
M.D./J.C.