LCR23004

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: IR-SC-00001757 (IR-SC-00001757)

BACKGROUND:

The worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 7th June 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 30th March 2024 the Adjudication Officer issued the following Recommendation:

“Considering the foregoing points, and recognising that the employment relationship is now over, I find that a recommendation of compensation is appropriate. I therefore recommend that the Employer makes payment to the worker of €5,000 in full and final settlement of this dispute.”

DECISION:

This matter comes before the Court as an appeal of an Adjudication Officer decision given under the Industrial Relations Acts.

The worker contends that a procedure utilised by his former employer to deal with a complaint of bullying made by him was inadequate and not in conformity with (a) the employer’s written procedures and (b) the Code of Practice for employers and employees on the Prevention and Resolution of Bullying at Work (S.I. No 146/2000).

The employer acknowledges that there were failings in the operation of relevant procedures but contends that any such failings were not significant.

The Court notes that the worker tendered his resignation from the employment on 29th March 2023 and was placed, at his request, on ‘gardening leave’. ‘Gardening leave’ in this employment meant that he was paid after his resignation on the basis that he would not undertake work elsewhere in that period at least. The period of gardening leave was the two months after 29th March 2023.

The Court has given very careful consideration to the written and oral submissions of the parties. The Court notes that the worker had resigned his employment before any formal written complaint of bullying was made by him, albeit he did informally make allegations against a colleague prior to his resignation. The Court notes that, when he communicated the fact of his resignation to the employer, he made no reference to bullying as forming any element of his decision to resign.

The employment relationship between the parties has terminated and no continuing relationship subsists between them. The worker was employed for a period of five or seven months by the employer.

In all the circumstances, the Court recommends that the parties resolve their trade dispute on the basis that the employer, in the interest of goodwill and dispute resolution, make a payment of €5,000 to the worker in full and final settlement of all matters in dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
FC	______________________
2nd July 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Fiona Corcoran, Court Secretary.