LCR22898

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00020745 (CA-00027348-001).

BACKGROUND:

Both parties appealed the Adjudication Officer’s Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Worker on 2 October 2023. The Employer on 3 October 2023.  

On 19 September 2023 the Adjudication Officer issued the following Recommendation:  

 “In all of the circumstances of the dispute I recommend as follows:

1. The employee accepts the offer to write a statement of rebuttal to be placed on file in respect of the issues that led to the complaint report and review report. 

2. The employee accepts that the review report, compiled by independent reviewers, cannot be nullified, and remains the official record of the review of the complaints report. 

3. The employer ensures that in future, an employee who is named in a complaint, is informed and given an opportunity to respond before any investigation process is concluded. 

4. The employee be paid €20,000 in compensation in respect of the errors and shortcomings of the complaint investigation and review process and the way the employee’s grievances were subsequently dealt with.’’

A Labour Court hearing took place on 21 December 2023.

DECISION:

This is an appeal by both parties of Recommendation ADJ-00020745 of an Adjudication Officer in respect of the Worker’s on-going complaints arising from how his Employer managed a complaint received from a service user.   The Adjudication Officer upheld elements of his complaint and recommended amongst other things payment of €20,000 compensation.

The issue in dispute between the parties has been going on for nearly nine years at this stage and is also the subject of other complaints before the WRC. The Worker believes that the manner in which the original complaint was handled was incorrect and undermined him. The Employer stated that the issue was processed in line with the agreed procedures but accepted that there may be a need to revisit the procedure to ensure its fit for purpose in 2024.   Both parties indicated to the Court a willingness to resolve the issue. It was accepted by both parties that the fact that there were other complaints still in process was a complicating factor to any such resolution at this point in time. The Court in discussion with the parties suggested that the resolution lay in looking forward and not back. The Court reminded the parties that industrial relations dispute resolution does not necessarily require that one or other party is declared to be right or wrong, and that monetary compensation is not always the appropriate resolution.

The Court notes the commitment of both parties to bring finality to the outstanding issues. This will require drawing a line in the sand, looking forward and not back.  The Court therefore recommends that the parties engage an external Mediator with the terms of reference to be, “to bring resolution to the issues” and no preconditions attached by either side. The Court believes this is the appropriate way to resolve this dispute.

Decision

The Court having taken into consideration the written submissions and oral submissions on the day of the hearing recommends the appointment of an external mediator to assist the parties in achieving resolution of the issues. The decision of the Adjudication Officer is varied accordingly.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
3 January 2024	Deputy Chairman