LCR22643

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00031951, CA00042524-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer's Decision under Section 13 of the Industrial Relations Act 1969 on the 5 May 2022. A Labour Court hearing took place on 19 August 2022.`



DECISION:

This case is an appeal by a Worker of the Decision of an Adjudication Officer. The issue in dispute between the parties is the Worker’s claim that his role is covered by the Construction SEO and therefore he should receive the rate of pay and other conditions set out in the SEO. The second part of his complaint is that the Employer in processing his grievance did not afford him fair procedure in that the appeal he was offered was to a director who had already been involved in the decision not to uphold his grievance.

The Employer submitted that the Complainant’s role was not covered by the SEO as he was involved in traffic management. They confirmed that there were 74 other workers doing a similar role and any decision on this element of his complaint could have a knock-on effect on those workers. In respect of the appeal process the Employer accepts that the appeal was to one of five directors who had been part of the decision not to uphold his grievance. They submit that had they received an appeal they would probably have appointed an external person but accept that they did not inform the Worker of this.

The Union accept that there are another 74 workers in this employment carrying out a similar role to this worker. It is clear to the Court from the submissions of the parties, that the issue of whether this cohort of workers are covered by the Construction SEO is a collective issue and not something that can be addressed by this Court in respect of this one worker.

In respect of the Worker’s second issue, the Employer was aware when they told the Worker who to appeal to that the person in question had already been involved in the decision not to uphold his grievance. On that basis the Court finds that the Employer did not follow their own process as they did not offer a valid appeal process. The Court upholds this element of the complaint and recommends that the Employer pay the Worker the sum of €1,500 in full and final settlement of this dispute.

The Decision of the Adjudication officer is varied accordingly.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
31 August 2022	Deputy Chairman