FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BOARD OF MANAGEMENT SCOIL AONGHUSA (REPRESENTED BY BARRY O MAHONY B.L.) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL & TECHNICAL UNION ) DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Connolly Worker Member: Mr Hall |
1. An appeal of an Adjudication Officer's Recommendation no. ADJ-00013420.
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On the 17 December 2018 the Adjudication Officer issued the following Recommendation:-
- “It is regrettable that the Respondent did not attend the hearing to present their response to this protracted dispute. From the evidence presented however, I note that the School Principal made many attempts to clarify and try to see if resolution could be found. However, I note the somewhat intransigent tone of the main transport provider and the contractor as expressed in the correspondence. I find that this has added to the stress experienced by the Complainant. The Respondent has a duty of care to the Complainant, who is an employee of the school. I recommend that the parties once again engage in outlining what is the possible solution to the issues, bearing in mind that the School is a customer albeit, at once removed from the particular contractor. The Complainant has been at a loss of wages due to long term sick leave and I recommend that she be paid compensation of €600 for the delay in resolving this situation.”.
A Labour Court hearing took place on the 19 February 2019.
DECISION:
This is an appeal by the Worker of recommendation ADJ-00013420 of an Adjudication Officer. The Adjudication Officer recommended that the Worker be paid compensation of €600.
The Worker is employed as a Bus escort since 2014. Following a change of contract in 2016 a number of incidents have occurred which are a cause of concern to the Worker. She has raised these concerns on a number of occasions with her Employer however, the issues remain unresolved. The Worker is absent on sick leave since 2018 and believes her concerns need to be addressed in order for her to return to work.
The Employer does not dispute that the Worker has raised a number of concerns. Their difficulty is that the transport is provided by a third party as part of a national contract. The Employer is willing to engage in mediation on the issues and to actively engage with the contractor to secure their attendance at mediation.
The Court recommends that the parties including if possible the third party attend mediation under the auspices of the WRC at the earliest possible date to with a view to addressing the Workers concerns and facilitating her return to work,
The Adjudication Officer’s recommendation is amended accordingly.
The Court so recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
CR______________________
22 March, 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.