LCR23073

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: Section 20(1) Industrial Relations Act 1969 (Referral under Section 20(1) of the Industrial Relations Act 1969)

BACKGROUND:

The Worker referred this case to the Labour Court on 14 July 2024 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 15 November 2024.

RECOMMENDATION:

At the start of the hearing the Court felt it prudent to outline for the parties the nature of a hearing under s20 (1) of the Industrial Relations Act 1969.  In particular, the fact that it was a voluntary process and that only the Worker is required to agree to be bound by the recommendation.   The Court explained that there is no law or legal rights involved in these cases, and evidence is not taken. A claim under section 20 (1) is in respect of a dispute between a Woker and their Employer.

The Worker in her submission identified what she believed to be breaches of various Employment Rights Acts and was seeking re-instatement or compensation.   It was her submission that she commenced employment on the 18th May 2023 on a full- time contract subject to a six-month probationary period.  She was employed as an Inside Territory Account Manager on the Netgear Program. On the 8th November 2023 she was informed that as she was working within the French region her position was at risk of redundancy due to a 50% reduction within that region. There was one other Worker in the same position, but she believed she was more experienced and had higher outputs than the other Worker.

On the 17th November 2023 the Worker lodged a grievance and sent a follow up email on the 26th November in respect of same.  By letter of the 22nd November 2023 she was given formal notice of redundancy and advised that her position would terminate on the 6th December 2023. She was also informed that during that periods she could apply for any vacancies that came up. She applied for two jobs.

On the 26th November 2023 the Worker informed the Employer that having sought legal counsel she wanted to appeal the decision to make her redundant on two grounds as follows “ 1) Postponed Consultation Meeting. Due to Ms X illness our initial consultation meeting scheduled for the 11th of November was postponed to the 17th. It was during the rescheduled meeting that I had the opportunity to discuss the existing job opportunities and description. However, to date, there has been no follow up on the interview, and I am concerned about the timeline.  2) Grievance for Bullying. As highlighted in my initial grievance regarding bullying, I harbour concerns about the rationale behind singling me out as at risk of losing my position. The comparison drawn between myself and a recently promoted team member, who possess less experience in the role has a smaller target and has generated less revenue raises significant questions regarding the fairness and objectivity of the decision-making process.”

By letter of the 15th December she received the outcome to the investigation of her grievance and the decision to make her redundant which she did not agree with. She appealed same. On the 8th February she was informed that her appeal was unsuccessful.

 The Employer stated that this Worker and one other were placed at risk of redundancy on the 8th November 2023 due to a key client within the French region reducing its requirement by 50% and looking for further cost savings. The Employer looked at a number of key indicators when coming to the decision which post would be made redundant not just the experience of the individuals and the second role was more profitable for the client. However, by February 2024 that role was no longer required either and the second person was let go. The Respondent carried out a full investigation of the Workers complaints and issued her with outcomes to same in a timely manner.

The Court having carefully considered the parties submissions both oral and written sees no basis for recommending concession of the Worker’s claim.

 The Court so Recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
29th November 2024	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Áine Maunsell Court Secretary.