FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A COMPANY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Geraghty Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Recommendation No. ADJ-00010779 CA-00014231-003.
BACKGROUND:
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 31 October 2018 the Adjudication Officer issued his Recommendation.
The Company appealed the Adjudication Officer’s Recommendation to the Labour Court on 16 November 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 27 February 2019.
DECISION:
The Worker claimed that he was unable to attend at his work station until health and safety concerns were addressed. Following involvement of the Health and Safety Authority, the matter was resolved after a number of days. The Company stated that all health and safety concerns had been addressed, following a lengthy consultation with Workers’ representatives, prior to the changed arrangements that gave rise to the dispute. The Worker sought payment for the duration of the dispute as he claimed that it had arisen because of legitimate health and safety concerns. This was unacceptable to the Company. The matter was referred for adjudication at the Workplace Relations Commission under s.13 of the Industrial Relations Act. The Adjudication Officer had recommended that the Worker be paid €1,000. The Company appealed this Recommendation and sought to have it overturned.
Efforts to resolve this matter locally had resulted in an offer by the Company prior to adjudication. This avenue was not pursued to finality and the offer was withdrawn.
In the unique circumstances that gave rise to this dispute, the Court is of the view that the interests of both parties would be best served by the implementation of the offer made locally by the Company.
The Court so recommends.
The Recommendation of the Adjudication Officer is varied accordingly.
Signed on behalf of the Labour Court
Tom Geraghty
LS______________________
12 March 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Louise Shally, Court Secretary.