FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COOMBE HOSPITAL - AND - MARGARET OMEZI (REPRESENTED BY INMO) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer's Recommendation No r-155346-ir-15/JT
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 18th January 2016 the Adjudication Officer issued his Recommendation. The Adjudication Officer did not find the claim well founded and the claim failed. The Union on behalf of the Claimant appealed the Adjudication Officer's Recommendation to the Labour Court on the 16th February 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 24th March 2016.
DECISION:
This is an appeal by the Trade Union on behalf of an employee of an Adjudication Officer’s Recommendation which found that her grievances with her employer had eroded by the effluxion of time and accordingly held that the claim failed due to her failure to pursue each of them in an effective and efficient manner.
The Court notes that the issues giving rise to this claim have arisen over a long period of time and have caused anxiety for the Claimant, with the result that her self-confidence has been undermined. It is clearly acknowledged that the Claimant is a highly respected and valued member of staff, who has received an outstanding review by her peers.
Having carefully considered the submissions made by both parties the Court indicated that a resolution of the difficulties being experienced by the Claimant would best be effected through a mediated/facilitated process.
Management and the Trade Union on behalf of the Claimant indicated their support for such a process.
Having carefully considered the positions of both sides the Court is of the view that a mediated/facilitated process to bring final resolution to the issues is the most appropriate manner to bring about a healthy normal working relationship so that the Claimant can carry out her duties in an effective and productive manner.
Therefore, having the agreement of both parties the Court will now proceed to nominate an independent person to work in consultation and with the full co-operation of both parties to conduct a facilitation process within a period of four weeks to achieve a restoration of a positive working relationship between the Claimant and Management, and bring about a full and final settlement of all matters between the parties.
For the avoidance of any doubt the Court is not recommending an investigation into the incidences in the past referred to by the Claimant in her submission to the Court, it is however, recommending a process to enable the Claimant and Management enjoy a positive working relationship for the future.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
29 March 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.