LCR22315

1.Appeal of Adjudication Officer Decision ADJ-00024108.

BACKGROUND:

2.This matter was referred to an Adjudication Officer for investigation and Recommendation.
On 28 April 2020, the Adjudication Officer issued the following Recommendation: -

“I recommend that the respondent takes no further action regarding this dispute”

The Worker appealed the Adjudication Officer’s Decision to the Labour Court on 4 June 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 12 November 2020.

DECISION:

The Court has to approach with caution any claim that seeks to second guess the outcome of a comprehensive analysis of grading within an organisation. To do so, the Court would need to be satisfied that there were clear deficiencies of process such that the outcome was manifestly unfair.

The Court previously determined that it would not direct a re-run of the grading procedure in this employment. For that position to change it would be necessary for the Court to be satisfied that, since the previous hearing, some major unfairness had been revealed that would justify re-consideration of its position in this regard. While the Worker secured some new and relevant information since then, the Court is mindful also that he has availed of a number of procedures, none of which has substantiated his request for a new grading evaluation to occur.

The Court is not satisfied that a case has been made that would substantiate the claim before it and, therefore, the Court does not recommend that the claim be conceded.

	Signed on behalf of the Labour Court
	Tom Geraghty
NJ	______________________
16 November 2020	Deputy Chairman