ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00018006

Parties:

	Complainant	Respondent
Anonymised Parties	Administrative Assistant	University

Representatives

Chris McNairney

Director of HR

Dispute:

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00023206-001	13/11/2018

Date of Adjudication Hearing: 12/06/2019

Workplace Relations Commission Adjudication Officer: Marie Flynn

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Summary of Worker’s Case:

The Worker submits that she has been out of work due to work-related stress for an extended period. She is seeking redress of reinstatement, redeployment and compensation.

Summary of Employer’s Case:

At the hearing the Employer made the following offer to the Worker:

· The Worker will be reinstated on full pay from the period of 1st August 2017 until the 31st July 2018 and on part-time pay (2 days per week) from the 1st August 2018 until she is offered a 2 day per week position by the Employer. This payment, which is to be made by the 31st July 2019, will be made through the payroll and will be subject to the deduction of the TRR payment which was made to the Complainant until the 1st November 2018.

· The Worker will accept the Employer’s offer of a 2 day per week position which will be made to her in the very near future.

· The Employer will make a goodwill payment of €12,500 in full and final settlement of the Worker’s claim to conclude the matter.

· The terms of this settlement are confidential and will not be disclosed by either party.

Findings and Conclusions:

I recommend that the Worker accepts the Employer’s offer.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I recommend that the Worker accepts the Employer’s offer.

Dated: 17th June 2019

Workplace Relations Commission Adjudication Officer: Marie Flynn

Key Words:

Industrial relations – settlement offer