FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL STANDARDS AUTHORITY OF IRELAND (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - AMICUS DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation R-038411 & 038412 -ir-05/TB.
BACKGROUND:
2. The two claimants are employed by the National Standards Authority of Ireland (NSAI) as acccredited auditors. In July 2003, while conducting an audit of Aer Rianta at Dublin Airport for the NSAI, the two claimants were requested by an Aer Rianta Director to discontinue the audit and leave the airport. Aer Rianta subsequently made a formal customer complaint to the NSAI concerning the claimants' behaviour during the audit.
Agreement was reached between the NSAI and the claimants' Union for an independent investigation of the complaint by a barrister, who reported that the complaints made against the claimants were unfounded. Following receipt of the investigator's report the Union submitted a claim for compensation of €35,000 for each of the claimants.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 4th April, 2007 the Rights Commissioner issued his Recommendation as follows:-
“Having considered the detailed submissions made by both parties and having regard to the discussions at the hearing I have concluded that the respondents handled this matter in a reasonable and fair way.
I do not recommend in favour of the union's claim”.
On the 1st May, 2007, the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 13th March, 2008.
UNION'S ARGUMENTS:
3. 1. The manner in which the claimants were treated undermined their integrity and caused significant stress.
2. It took eighteen months from the time of the incident at Dublin Airport to the publication of the investigator's report. The Rights Commissioner's Recommendation was issued almost four years after the incident. This delay has compounded the claimants' stress.
EMPLOYER'S ARGUMENTS:
4. 1. The delay in dealing with this issue was due to many factors, most of which were outside the Employer's control.
2. The Employer ensured that the claimants were at no financial loss throughout the process.
3.The barrister who investigated this complaint was nominated by the Union. The claimants were completely exonerated by this investigator's report and the Employer accepted the report's findings.
DECISION:
The Court, although noting the delay which has occurred in prosecuting this case, finds that the process of investigation by both Senior Counsel and the independent third party was thorough, fair and comprehensive. The Rights Commissioner process also provided for the claimants the opportunity of a further investigation and consideration of the facts.
The Court in its consideration of the totality of the case and the outcome, which clearly exonerates the claimants to the fullest possible extent, finds that the Employer acted in accordance with the finding of the relevant third parties and that no case for compensation has been established against the NSAI.
The Court upholds the Rights Commissioner's Recommendation.
Signed on behalf of the Labour Court
Raymond McGee
25th March, 2008.______________________
JMcC.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.