FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK COUNTY COUNCIL - AND - A WORKER DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Various issues.
BACKGROUND:
2. On the 16th June 2016 the Worker referred the 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 23rd November 2016.
RECOMMENDATION:
The origins of the within dispute date back a number of years. The Parties have endeavoured on a number of occasions, with the assistance of independent professional support, to address the root issues underlying the dispute but without making much progress. The Worker has been on extended certified sick leave and is currently in receipt of pension-rate pay, having exhausted her entitlements under the Respondent’s sick pay scheme.
Both Parties indicated to the Court that they are willing to work together to enable the Worker to return to work in a suitable capacity once she has been certified fit to do so. The Court was told by the Parties that they would both welcome the appointment of an independent Facilitator from among a list of named persons identified by the Court. The Court also notes both Parties’ agreement that the Facilitator’s terms of reference should focus exclusively on enabling the Worker’s return to work rather than on attempting to resolve the Worker’s historical grievances. The Court recommends that the Respondent engages the services of the agreed Facilitator at the earliest opportunity.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
CR______________________
29th Novenber, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.