LCR22844

1.Complaint under Section 20(1) of the Industrial Relations Act 1969.

BACKGROUND:

2.On 18 May 2023 the Worker referred this dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 19 October 2023.

RECOMMENDATION:

This matter was referred to the Court by the Union on the grounds that it was alleged that the Employer had failed to adhere to its own Grievance Procedure in respect of a matter concerning the calculation of the Worker’s holiday pay.

The Employer argued, in response, that the Worker had not lodged any grievance under the Employer’s Grievance Procedure. The Employer argued also that the issue concerned was a collective matter, a position which was disputed by the Union.

In the course of the hearing, the Union denied that the Worker’s claim was a ‘Trojan Horse’ on behalf of the collective, stated that the circumstances were particular to the Worker and that any outcome would not be used for precedent value in respect of a wider group.

On that basis, the Employer agreed that, if a formal grievance was lodged on behalf of the Worker, this would be processed and would commence at Stage 3 of the Employer’s Grievance Procedure.

The Court recommends that the parties proceed in accordance with the above commitments.

	Signed on behalf of the Labour Court
	Tom Geraghty
CO'R	______________________
20 October 2023	Deputy Chairman