ADJUDICATION OFFICER RECOMMENDATION

Adjudication Decision Reference: ADJ-00002631

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 01/11/2016

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 13.2 of the Industrial Relations Act 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

Complainant’s Submission and Presentation:

The Complainants case was that she was out of work in July 2015 and she was denied benefit from the Sick Pay Scheme as per custom and practice. The issue was referred to a third party without success. The Complainant also discussed severance terms with the Respondent. She claims there was a failure to investigate the terms of her claims. She has lost over 30,000 Euros in pay and stated that her health was affected. She claimed there was a work related accident.

Respondent’s Submission and Presentation:

The Respondent stated the Complainant was using her mobile phone on a number of occasions in the workplace against company policy. They also observed the Complainant returning late from a break. She was spoken to about this and has remained on sick leave since. She was asked to put any grievances in writing about any issues she had with the company or other staff. All her complaints were responded to by the Company. An offer to change shift was made and an offer of external mediation was made and was not successful. The company deny any work related injury or breach of the Company sick pay scheme.

Recommendation:

Section 13.3 of the 1969 Industrial Relations Act requires that I make a recommendation in relation to the complaint(s)/dispute(s). At the Hearing the various issues were investigated by me and various offers and positons were discussed by the parties to try to resolve this dispute. However, it has emerged after the Hearing that the solution proposed is not acceptable to the Complainant, which is her entitlement. The issues in dispute are not straightforward and as it transpired, maybe are not even as set out in the original complaints. I am of the view that the parties either refer the matters complained of to the WRC for a binding decision from the Labour Court or agree one final mediation with an external body to try resolve any and all matters or failing that, refer the issues, which need to be crystalized, to the Labour Court. I am of the view that no solution I can offer now, following the detailed engagement by me at the time of the Hearing, will resolve the matter. My recommendation is the parties engage in a final mediation, but both sides will need to come to the table with a willingness to compromise to reach an agreement. For the avoidance of doubt this recommendation refers individually to both complaints and the recommendation may be accepted or appealed individually for each complaint.

Dated:   14^th March 2017