LCR22394

1.Compensation and apology following failure to address grievance in fair and equitable manner.

BACKGROUND:

2.On 26 January 2021 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 13 April 2021.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The Court notes that the employer in this case recognises the Trade Union for negotiation purposes.

The dispute relates to events surrounding the employer’s request to the worker to complete a Covid 19 form on his return to work from illness. These events led to a disciplinary meeting which resulted in the disciplinary matter being dissolved with no action taken.

The initiation of the disciplinary procedure appears to have led the worker to engage the internal grievance procedure in place in the employment. That procedure does not appear to have been exhausted and the matter was referred to the Court instead.

The worker has undertaken to be bound by the Recommendation of the Court in the matter.

The Court recommends that the worker should accept that no matter has arisen which would justify a continuing grievance or any form of compensation. The worker should support to the fullest extent possible the steps taken by the employer in the context of the current global pandemic to protect the health and wellbeing of all persons who have cause to be present in the workplace.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
H.M.	______________________
19 April 2021	Chairman