FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTERN CARE ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY CALLAN TANSEY, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer Decision No. ADJ-00003239.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 28 June 2017 the Adjudication Officer issued the following Recommendation:-
- In all the circumstances I recommend that the findings of the investigation be set aside and that they be expunged from the Claimant’s personnel records. I recommend that the respondent and the union engage further with a view to facilitating the Claimant’s return to her work location – this should be done following the engagement by the parties in mediation – the purpose of which should be to normalise and restore harmonious working relationships in what I accept is a fractured working environment. I recommend in full and final settlement of the dispute that the respondent pay the Claimant an exgratia €7,500 compensatory payment for the distress caused to her as a result of this process
The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on the 4 August 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 2 November 2017.
UNION'S ARGUMENTS:
3. 1. The Employer breached its own disciplinary policy
2. The sanctions imposed were without foundation.
EMPLOYER’S ARGUMENTS:
4. 1. An investigation was carried out and copied to the Employee.
2. The Employee was issued a sanction under the disciplinary procedure.
DECISION:
This matter comes before the Court under Section 13(9) of the Industrial Relations Acts 1946 – 2015. Under that Section the Court is required to decide on appropriate settlement terms in the industrial dispute before it. It is not its function to allocate blame or to enforce rights under the Acts.
In the context of settling the matters in dispute before it the Court finds as follows
•The Employer’s letter of 7 December 2015 contains the broad parameters of the terms of settlement of this dispute.•The Court further finds that the Claimant is entitled to certainty regarding her work location. Accordingly, the Court acknowledges the Employer’s confirmation that the Claimant will be assigned to work in its facility in Ballyhaunis Co Mayo and will do so without loss of status or income and in her current employment capacity.
•The Court further finds that the Adjudication Officer’s award of €7,500 is reasonable and proportionate and is affirmed payable following the Claimant resuming work with the Employer.
•Finally the Court notes that the disciplinary sanction imposed on the Claimant has now expired, is now moot and has been removed from her record in accordance with the terms of the disciplinary procedures in place in the Association. Accordingly, the Court finds that this matter is now moot and requires no further comment on its part.
The Court so recommends in full and final settlement of the matters before it and decides accordingly and the Recommendation of the Adjudication Officer is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
LS______________________
30 November 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.