FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN EMPLOYER - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. A claim by the Worker for the restoration to his original post and compensation for loss of earnings.
BACKGROUND:
2. The case concerns a claim by the Worker for restoration to his original post of Instructor/Supervisor together with a claim for compensation for his loss of earnings for 7 years during which he had been downgraded. There are two main areas of complaint. The first relates to Management's failure to provide him with recommended medical treatment for an injury he sustained at work and the second relates to a series of complaints of bullying and harassment he claims he was subjected to while at work.
On the 18 April 2017, 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 17 August 2017. The Employer did not attend the hearing. The binding nature of the Court's Recommendation was again explained to and acknowledged by him at the commencement of the hearing.
WORKER'S ARGUMENTS:
3. 1. In December 2010, he as wrongfully removed from the post of Instructor/Supervisor contrary to the terms of his contract of employment. As a consequence he has suffered an annual salary reduction of €15,000 per annum and a cumulative loss to date of €105,000 that he seeks to have restored to him.
2. The Employer failed to provide him with medically approved and recommended physiotherapy treatments for an injury he sustained while at work.
3. This information regarding the recommended physiotherapy was not disclosed to him for 5 years despite repeated requests for copies of all documents on file relating to his employment.
RECOMMENDATION:
The Court has given careful consideration to the extensive written and oral submissions of the Claimant in this case.
The Court finds that his relationship with his employer has, as a consequence of his perception of its poor treatment of him at work, deteriorated markedly over the past seven years. This has given rise to a succession of claims before the Court that are all grounded in this deteriorating relationship.
The current relationship is clearly not working for either side and cannot be the basis on which they engage with each other going forward.
As a first step in the construction of a secure and sustainable employment relationship, the Court recommends that both sides agree to set the past aside and begin again.
To that end the Court recommends that the parties agree the appointment of a trusted facilitator to support both sides through the initial stages of this rebuilding process.
In the event that the parties cannot agree on such a facilitator the Court will nominate a person to undertake the work.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
28th August, 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.