LCR22327

FULL RECOMMENDATION

CD/20/233
ADJ-00020807, CA-00027372-001

DECISIONNO.LCR22327

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

NOONAN SERVICE GROUP LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES IRELAND LIMITED)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman:	Mr Foley
Employer Member:	Ms Connolly
Worker Member:	Mr Bell

SUBJECT:

1.An appeal of an Adjudication Officer's Recommendation No. ADJ-00020807.

BACKGROUND:

2.This case is an appeal of an Adjudication Officer’s Recommendation by the Worker. On the 12 June 2020 the Adjudication Officer issued the following Recommendation:-

“A I cannot recommend concession of the unions claim for compensation.

B the parties engage in mediation if necessary, under the auspices of the WRC to try and resolve the issues outstanding once and for all

C The claimant is offered alternative employment at a respondent’s site with similar terms and conditions of employment”

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

A Labour Court hearing took place on 16 December 2020.

DECISION:

The Court has given very careful consideration to the extensive written and oral submissions of the parties.

The Court notes the shared view of the parties that the procedures in place in the employment do not provide for investigation of complaints by an external investigator. The Court further notes that the complaint of the Appellant has been investigated internally.

The Court notes the assertion put forward by the Appellant to support her claim that her complaint should be carried out by an external investigator. She contends that an investigation of her complaint by an internal manager could not be relied upon. The Court notes that the employer employs approximately 6,000 people in Ireland.

The Appellant appealed the findings of the internal investigation into her complaint of bullying but she did not attend the hearing arranged to consider her appeal. The parties are disagreed as to the basis put forward by the Appellant for her non-attendance at the scheduled appeal hearing.

The Court cannot support the proposition that a manager of the employer could not be relied upon to conduct an investigation into her complaint in line with procedures ion place in the employment. Reliance on a manager of the employer is a common feature of the mechanisms in place in many employments for the investigation of complaints by employees.

In all the circumstances therefore, the Court recommends that the internal appeal process should be resumed and that arrangements should now be put in place to hear the appeal of the Appellant of the findings of the investigation into her complaint. The Appellant should be free to make any submission she chooses to the appeal process.

The Court so decides.

	Signed on behalf of the Labour Court

	Kevin Foley
CR	______________________
23 December, 2020	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.