FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GRAFTON RECRUITMENT - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Disciplinary sanctions.
BACKGROUND:
2. The case concerns a claim by a Worker that following a complaint and a successful medical assessment he has not been offered any further work.
The Employer's position is that it is an Employment Agency and would not as a matter of practice seek to discipline temporary Workers while on client sites.
On the 4th January, 2013 the Worker referred his dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 16th April 2013.
WORKER'S ARGUMENTS:
3. 1. After an incident in May 2012, the Worker made a complaint of bullying. Later on he was accused of volatile behaviour and a meeting with Management took place.
2. The Worker agreed to attend the Company Doctor for a medical assessment and following this was certified to attend work.
3. The Worker has not worked for the Company despite the fact that colleagues have told him there is work available.
EMPLOYER'S ARGUMENTS:
4. 1. The Company is a recruitment agency and places temporary agency Workers on client sites. The Claimant is engaged as a temporary Worker.
2. The Company was made aware of two incidents involving the Worker on the client’s site.
3. The Worker was certified as fit to return to work. However, while the client wishes to facilitate the Workers return, the number of shifts available has fallen from 322 in October 2012 to 88 in March 2013.
RECOMMENDATION:
The Court recommends that the Agency mediate with the end-user with a view to finding a resolution to the Claimant’s grievances. If this approach is unsuccessful the matter may be referred back to the Court.
Signed on behalf of the Labour Court
Kevin Duffy
CR______________________
30th April, 2013.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.