LCR22617

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

ALDI STORES (IRELAND) LIMITED
(REPRESENTED BY MS. KIWANA ENNIS B.L.
INSTRUCTED BY VINCENT & BEATTY SOLICITORS)

- AND -

A WORKER

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No(s). ADJ-00035873, CA-00035417-013.

BACKGROUND:

2.This matter was referred to an Adjudication Officer for investigation and Recommendation. On 6 January 2022 the Adjudication Officer issued the following Recommendation:-

“I recommend that, if one does not exist, that a Handover Manual with all various policies and issues / checklist to be covered with a new Manager be prepared by the Company for use in the future.

I also recommend that any future appointments to Store manager be given a formal training session on operational issues in advance of taking up the post of Store Manager.

I also recommend that any future conversations about performance issues be conducted in private with the Worker concerned.”

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 16 February 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court Hearing took place in a virtual setting on 9 June 2022.

DECISION:

The Court concurs with all of the recommendations of the Adjudication Officer regarding a handover manual for new managers, the provision of formal training and the need for discussions regarding performance to be in private. The Court reiterates these recommendations.

The Court recommends also that the Employer review the time limits provided for in the company Grievance Procedure to determine if they are realistic and achievable.

The Court found nothing to substantiate allegations of bullying and harassment and there is no basis for recommending that the Worker be compensated in respect of these allegations.

NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.