LCR22651

1.Appeal Of Adjudication Officer Decision No(S)ADJ-00033908, CA-00031471-002

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 27 March 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 14 February 2022 the Adjudication Officer issued the following Recommendation:

"I recommend that the employer 1 month from the date of this recommendation redeploy the worker to another area. After 6 months in that role, her immediate new manager will issue a new reference concerning her suitability for promotion based on the standard template used by the employer and will consult with the worker prior to issuing to Personnel.”

A Labour Court hearing took place on 23 September 2022.

DECISION:

This matter comes before the Court as an appeal of an Adjudication Officer’s decision given under Section 13 of the Industrial Relations Act, 1969. The matter at issue is a trade dispute and no matter of law arises in this appeal.

The worker did not attend the hearing of the Court. The Court is satisfied that the worker was properly notified of the date and time of the hearing.

The Court has been provided with comprehensive written submissions by the parties. In the circumstances set out in those written submissions and having regard to the fact that many of the matters underlying the trade dispute have been the subject of a decision under the Employment Equality Acts which has not been appealed, the Court has decided to issue a decision under the Act based on the papers.

The onus for resolving a trade dispute rests with the parties. The Court’s role is to express an opinion based on the merits of the dispute as to how that dispute should be resolved. Both parties are, according to the Act, bound by the decision of the Court in the matter.

The Court decides that:

• 
  •The facility for transfer and subsequent generation of a reference as set out by the Adjudication Officer should be made available to the worker.

  •All records of the disputed reference should be erased from all files of the employer.

  •Both parties should recognise the importance of ensuring that the grievance procedures in the employment are operated as set out in the written procedures and that any deviation from the terms of the written procedure which might occur are adequately explained.

  •Both parties should accept that the unfortunate history of this matter, which originates with a promotion competition commenced in 2018, is not acceptable but should also recognise that no benefit to either party can accrue from any further examination or extension of disputation in relation to the matter. Both parties should regard all issues associated with the competition and the exercise of the grievance procedure as closed.

	Signed on behalf of the Labour Court
	Kevin Foley
NCL	______________________
03 of October 2022	Chairman