LCR22690

1.Appeal Of Adjudication Officer Decision No(S)ADJ-00030263 CA-00040361


BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 12 October 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 21 September 2022 the Adjudication Officer issued the following Recommendation:

“That the Parties agree to meet to discuss how best to use the suggestions in the Local Investigation report of October 2020, particularly that of Mediation, as the basis for an agreed way forward. A further Re Investigation by another Party is not warranted and is not Recommended.’’

A Labour Court hearing took place on 14 Dec 2022.

DECISION:

The Court has given careful considerations to the oral and written submissions of the parties.

At the centre of the dispute before the Court is a breakdown of personal relationships between colleagues that stems back to 2013. Once a grievance was formally submitted by the Worker in July 2019 delays in progressing a formal investigation served to exacerbate what was already a difficult situation and did not assist in bringing a satisfactory resolution to the Worker’s issues.

Ultimately, the Worker was dissatisfied with the investigation process and the report findings that issued in October 2020.

The Court was advised that following the referral of the matter to the Workplace Relations Commission, the Adjudication Officer issued a recommendation that was partially acceptable to both sides. It is unfortunate that the worker’s representative was excluded from correspondence that subsequently issued from the employer in relation to implementing that recommendation, as this appeared to be a relevant factor in the matter being appealed to this Court.

At the hearing both sides confirmed to the Court that they are eager to resolve this protracted dispute and are willing to meet to agree a mechanism to progress this matter. However, SIPTU, on behalf of the Worker, expressed its concerns about further delays to this process, and requested that the Court issue a recommendation on the matter.

The role of the Labour Court in industrial relations matters is to try and assist parties reach a resolution of a dispute.

Having regard to all of the circumstances, the Court does not recommend an independent re-investigation of the matters before it, as was sought by the Worker in this case.

The Court recommends that both sides engage constructively to brings this matter to a speedy resolution.

In this regard, the Court recommends that the parties meet within four weeks of the date of this recommendation to agree the appointment of an independent suitably experienced industrial relations dispute resolution practitioner who can assist the parties in the resolution of these matters. Once appointed, the independent person is to convene the parties to draw up terms of reference for a strict timebound process, which terms will be finalised by the independent person, having consulted with the parties.

If the parties are unable to reach agreement on a suitable independent person to assist the parties, they should refer that matter back to the Court who will nominate an individual to carry out that role.

The Adjudication Officer’s recommendation is varied accordingly.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
NCL	______________________
19 December 2022	Deputy Chairman