LCR22322

1.Appeal Of Adjudication Officer Decision no. ADJ-00023901 CA-00030334-003,004

BACKGROUND:

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

On 5 February 2020 the Adjudication Officer issued the following Recommendation:-

“I do not uphold complaints CA-00030334-003 or CA-00030334-004."

A Labour Court hearing took place on 2 December 2020.

DECISION:

There were two industrial relations claims appealed to the Court.

The Worker claimed that, by extending his probation period, the Employer had subjected him to unfair disciplinary sanction, having failed to advise him of the extension within the specified probationary period. Leaving aside the question as to whether an extension of a probationary period is, in fact, disciplinary action, the Court is satisfied that the matters that gave rise to this extension were brought to the Worker’s attention in time to enable him to deal with them in the manner which the Employer was entitled to require. The Court notes a certain conflation, on the Worker’s part, of this claim with a separate claim regarding his subsequent dismissal. The latter claim was not before the Court and no comment or observation is offered by the Court regarding that claim.

The Worker claims that the Employer failed to deal adequately with complaints of bullying and harassment. On the basis of the arguments put to the Court by the parties, the Court is satisfied that the Employer complied with its own procedures and that these procedures appear to be robust. A delay in arranging a meeting was explained to the Court by the Employer and the Court is satisfied with the explanation.

The Decisions of the Adjudication Officer are upheld.

	Signed on behalf of the Labour Court
	Tom Geraghty
H.M.	______________________
18/12/2020	Deputy Chairman