LCR22324

1.Appeal of Adjudication Officer Decision No. ADJ-00018981 CA-00024514-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 7 February 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 30 January 2020 the Adjudication Officer issued the following Recommendation:-

“I find that the Complainant has not established that he suffered any detriment that constitutes penalisation within the meaning of Section 27 of the Act. Accordingly, I find that the complaint is not well founded.”

A Labour Court hearing took place on 10 December 2020.

DECISION:

The case before the Court concerns an appeal of an Adjudication Officer’s Recommendation ADJ-00018981, CA-00024514-001 which found against the Claimant’s claim. The Claimant submitted a claim to the Workplace Relations Commission on 2nd January 2019 alleging that his employer failed to respond to a health and safety complaint he made in December 2017 and failed to roster him for Sunday overtime in January and February 2018 as a result of the complaint raised.

The Claimant’s employer disputed the allegation and stated that his complaint was taken seriously, the matter was referred to management, who instigated a risk assessment in conjunction with the Health and Safety Office, conducted Toolbox Talks and carried out a training course for all relevant staff, including the Claimant.

The Claimant raised a grievance through his Trade Union on 2nd November 2018 regarding the Sunday overtime. On 3rd January 2019, the Claimant was informed that a meeting would be held on 23rd January 2019 to discuss his grievance. However, as the matter had been escalated by the Claimant to the WRC, that meeting did not take place.

The employer denied the Claimant’s allegation regarding the allocation of overtime, it stated that he was offered overtime on the same basis as other employees and in line with its established practice. It stated that the Claimant had worked more overtime in 2018 than in the previous year.

The Adjudication Officer concluded that as the parties had not exhausted the internal disputes process prior to the referral to the WRC and accordingly recommended that that process should be exhausted.

Having considered the submissions of both parties, the Court concurs with the findings of the Adjudication Officer and recommends that if the matter of Sunday overtime is still an issue for the Claimant, he should pursue that grievance through the internal grievance procedure.

Therefore, the Claimant’s appeal is disallowed, and the Adjudication Officer’s Recommendation is upheld.

The Court so Decides.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
OC	______________________
22 December 2020	Deputy Chairman