LCR23152

PARTIES:

DIVISION:

SUBJECT:

​​Appeal of Adjudication Officer Decision No's: ADJ-00050638 (CA-00062220-001, IR-SC-00002362)​ 

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 21 November 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969. 

 A Labour Court hearing took place on 04 June 2025. 

​​RECOMMENDATION​ :

This is an appeal by the Worker against an Adjudication Officer’s Decision IR-SC-00002362.  The Adjudication Officer recommended that the Employer pay compensation of €500. 

 Background 

The Worker is employed as a Traffic Warden. He claims that he is not being accommodated by his Employer in the provision of adequate toilet facilities during the working day.   

Summary of Worker’s submission 

The Union on behalf of the Worker made a very detailed submission including drawing the Court’s attention to provisions of both the Irish and UK Health and Safety legislation. They acknowledged that the Worker had on two occasions made complaints to the HSA about his access to toilet facilities during the working day, the complaints had been investigated but no additional action was required by the Employer. The Complainant had access to a toilet facility in a particular location for a period of time then that access had been abruptly withdrawn. He had processed his complaint in respect of this through the grievance procedure and the Employer failed to address his grievance in a timely manner. It was submitted that he had a medical condition that requires he has local access to toilet facilities, but he could at times have to travel over 1km to get to a toilet. The Worker believes that the removal of access to the toilet was punitive and not for operational reasons. The Complainant first raised this issue in September 2022and it was August 2023 before he received a response. However, the offer in that response was subsequently withdrawn. The Complainant is requesting that the Court order the Council to restore the access to toilet facilities that he previously had. 

Summary of Employer’s submission 

The Employer submitted that the Complaint did not have official access to the toilet in question he was provided with a key by a member of staff and only had access for nine months. The toilet in question was part of a depot which he was not working from or assigned to. The toilet was put in as part of Covid procedures but has since been removed. For Health and Safety reasons not, all facilities are open to all council staffs as the staff may not have the appropriate Health and Safety Training to be on a particular site. The Health and Safety authority reviewed the facilities that were available for this Worker and no further action was deemed necessary. He was at one stage offered the option of separate toilet on the site on question but declined same. However, once the temporary toilet on that site was withdrawn this was no longer an option. The Employer has engaged with the Worker and his Union on this issue. They are satisfied that they are providing appropriate facilities for this Worker, and this has been upheld by the Health and safety Authority on two occasions. 

Decision 

The Court having read and listened carefully to the submissions of the parties finds that the current facilities provided by the Employer are adequate. However, there was some delay in the Employers interactions with the Worker and therefore, the Court recommends in the circumstances of this case that the Employer pay the Worker compensation of €500. 

The appeal fails. 

The Decision of the Adjudication officer is upheld. 

The Court so Decides. 

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
26 June 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Áine Maunsell, Court Secretary.