FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A HOTEL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY BARRON MORRIS SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Company Appeal Of Adjudication Officer Decision No(S): ADJ-00001273 CA-00001682-002
BACKGROUND:
2.
WORKER'S ARGUMENTS:
The Worker argued that they were caused stress by the company's failure to address and resolve a range of issues.
COMPANY'S ARGUMENTS:
The Company stated that it addressed the issues when they were raised and that the Worker had never initiated a grievance using the grievance procedure in place in the Company.
DECISION:
The Court has given careful consideration to the written and oral submissions of the parties.
The dispute before the Court relates closely to matters which are the subject of a separate appeal before the Court under the Unfair Dismissals Acts, 1977 to 2015.
The Claimant believes that the Company is responsible for, and has not addressed, a misunderstanding as regards her entitlement in respect of Public holiday working and for misleading her as regards the nature of full time permanent work which would be made available to her.
The Court can find no basis for concluding that the Claimant was misled or otherwise misdirected by the Company. The Court consequently upholds the appeal and the decision of the Adjudication Officer is set aside.
Signed on behalf of the Labour Court
Kevin Foley
JD______________________
21 April 2017Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.