LCR22794

1.Appeal of Adjudication Officer Decision No(S)ADJ-00033828 CA-00044743-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 10 February 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 4 January 2023 the Adjudication Officer issued the following Recommendation:

"The process of investigating the complainant's grievances has concluded and the outcome should be accepted by both parties.

The primary parties (A and B as they are referred to above) to the initial dispute should agree to engage with a certified external mediator for a preliminary meeting with a view to an amicable resolution of the inter-personal difficulties between them in a full mediation."

A Labour Court hearing took place on 3 July 2023

DECISION:

This is an appeal by the NBRU on behalf of a Worker against an Adjudication Officer’s Recommendation.

The matter before the Court relates to a dispute between the worker and his supervisor and an alleged failure on the part of the employer to act on allegations of harassment and bullying.

The Adjudication Officer recommended that the outcome of an internal investigation be accepted by both parties, and further recommended that the parties engage in mediation with a view to an amicable resolution of the inter-personal difficulties between them.

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

The role of Court in referrals such as these is to assist the parties wherever possible in resolving workplace issues so the parties can move forward.

The matters that form the subject of this referral relate to complaints made between 2017 and 2020 which were investigated internally by the employer.

The Court notes that Worker is currently absent on sick leave and will remain on sick leave until the Chief Medical Officer (CMO) deems him fit to return to work.

The individual against whom the worker raised complaints has now retired from the company.

The process has been long and protracted one for the Worker concerned, and it is clear that he wants and needs to move on in his relationship with his employer.

Having regard to the circumstances of this case, the Court recommends that the matters that were investigated as part of this dispute should be regarded as closed.

The Court further recommends that when the Worker is certified fit to return to work that he meets with a designated person from Human Resources. The engagement should be future focussed, and the purpose of that engagement should be to discuss and clarify any future-focussed matters arising in relation to his return to work and to assist him in a successful return to the workplace.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
CC	______________________
24 July 2023	Deputy Chairman