LCR22751

1.Appeal of Adjudication Officer Recommendation No(s) ADJ-00039087 / IR-SC-00000301, CA-00050837-001


BACKGROUND:

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

The Adjudication Officer had issued the following Recommendation:

"The outcome from the grievance procedure in March 2021 was reasonable and fair and I recommend that the employer takes no further action regarding the employee's grievance. I recommend that the employee engages with her line manager and that she seeks support from the company's assistance programme with a view to preparing for a return to work."

A Labour Court hearing took place on 28 April 2023.

DECISION:

Background to the Appeal

This is an appeal on behalf of the Worker from a Recommendation of an Adjudication Officer (IR-SC-00000301, dated 26 January 2023) under the Industrial Relations Act 1969. The Court heard the appeal in Dublin on 28 April 2023.

The Factual Background

The Worker commenced employment with Coty UK Limited on 27 August 2007 as a Fragrance Account Manager. Her employment subsequently transferred to Allegro Limited (‘the Respondent’) by operation of the European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003. The Worker was on sick leave from her employment between June 2020 and May 2021. She has also been on sick leave from June 2021 to date.

The within dispute concerns the manner in which the Respondent processed a formal grievance lodged by the Worker on 9 December 2021. In her written grievance, the Worker took issue with her then Manager’s management of her extended sick leave and certain communications that had taken place between her and her Manager during that period. The grievance was investigated and an outcome issued on 1 March 2022. The grievance was not upheld. The Worker appealed from that decision. The appeal was considered by the Respondent’s Chairman. He upheld the original decision.

Submissions

It is submitted on behalf of the Worker that the Respondent did not conduct the investigation into her grievance in an impartial manner or in accordance with SI 146 of 2000.

The Respondent submits that is has a comprehensive grievance procedure that complies in all respects with SI 146. It further submits the Worker’s grievance was comprehensively investigated in accordance with its policy and the procedures therein and this was done expeditiously and in a manner that was at all times fair to the Worker.

Decision

The Court has carefully considered the Parties’ comprehensive oral and written submissions in this matter. Having done so, it finds that the outcome of the Worker’s grievance was reasonable and fair. It, therefore, recommends that the Respondent takes no further action regarding the Worker’s grievance. It further recommends that the Worker engages with her line manager and that she seeks support from the Respondent’s employee assistance programme with a view to preparing for a return to work.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
NCL	______________________
11 May 2023	Deputy Chairman