FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MILGAN & DILGAN LTD, T/A SOS CLEANING SERVICES (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LTD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Recommendation No. ADJ-00010223.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 5 April 2018 the Adjudication Officer issued the following Recommendation:-
- “Having discussed the issues related to this complaint with both parties, it is my view that the most expeditious way to resolve matters is for the respondent to accept the complainant’s resignation and for her to be paid an amount equivalent to around two weeks’ wages. On this basis, I recommend that the respondent pay the complainant €1,000 in full and final settlement of her complaints”.
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 15 May 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 13 July 2018.
DECISION:
This is an appeal by a worker against the Recommendation of an Adjudication Officer Adj-00010223 in a claim concerning an allegation of bullying and harassment against her former employer. The case came to the Court in unusual circumstances as highlighted by the Company. Section 13(9) of the Industrial Relations Act, 1969 obliges the Court to hear an appeal of an Adjudication Officer.
The Claimant claimed that a first stage warning furnished to her on 14th January 2016 was unfair in the circumstances. Having discussed the issues giving rise to the complaint, the Adjudication Officer noted that the relationship between the parties in the workplace had broken down and the Claimant intended to resign. Therefore, she recommended that the most expeditious way to resolve matters was for the employer to accept the Claimant’s resignation and pay her the sum of €1,000 in full and final settlement of her complaints.
Having considered the detailed submissions of both parties, the Court notes that the Claimant with the assistance of an interpreter, confirmed that she did not wish to return to the Company as the working relationship had irretrievably broken down. She explained that she was awaiting the outcome of the appeal process before proceeding with her resignation. The Company confirmed that it would provide her with a reference once it received her resignation in writing.
In all the circumstances of this case, the Court upholds the Recommendation of the Adjudication Officer and recommends that on receipt of the Claimant’s resignation the Company should pay her the sum of €1,000 along with a Reference within a period of four weeks. The Court recommends that the Claimant should accept the Court’s Decision in full and final settlement of her complaints.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
17 July 2018Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.