LCR23255

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00054244 (CA-00066314-001 IR-SC-00003201)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 16th May 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 14th May 2025 the Adjudication Officer issued the following Recommendation:

“Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

IR - SC – 00003201:

Considering the foregoing, I recommend that a payment of €5,000 to the Worker be made by way of compensation for the inordinate and inexplicable delays in the Employer’s investigation of her complaint.

IR - SC – 00003202:

Considering the foregoing, I recommend that the Worker await the decision from the Divisional  Officer, who will decide following receipt of the report from the CMO, if she should have her sick leave classified under the special administrative Code, used by the Employer in cases of “Injury on Duty”.” 

A Labour Court hearing took place on 23rd April 2026.

DETERMINATION

Background to the Appeal

This matter has come before the Court by way of appeal and cross-appeal from a Recommendation of an Adjudication Officer (ADJ-00054244, dated 14th May 2025) under section 13 of the Industrial Relations Act 1969. The Adjudication Officer made a recommendation in respect of two related complaints under the Act: CA-00066314-001 and CA-00066314-002, each of which has been appealed by both parties. The Court heard the appeal in Dublin on 23rd April 2026.

The Worker is a serving Member of An Garda Siochana. She is currently on long-term sick leave, classified under Garda Code 11.37 as arising from an Injury on Duty. An Garda Siochana (‘the Employer’) has in place a comprehensive dignity at work policy, agreed with the representative organisations: ‘Working Together to Create a Positive Working Environment’ (‘WTCPWE/’the Policy’)).

CA-00066314-001

On 9th March 2023, the Worker submitted a complaint under the Policy alleging bullying by a named Sergeant. The Policy provides for the appointment of an investigator within 10 days of the date of receipt of the complaint, where mediation is not accepted. The Worker took steps to have her complaint progressed, however, it wasn’t until June 2023 that an investigator was appointed. A second investigator was appointed in October 2023.

Shortly after the Worker referred her complaint under the Policy, the named Sergeant submitted a complaint alleging a breach of discipline on the Worker’s part.

The Worker’s complaint concluded in a decision issued by the Chief Superintendent, DMR West Division. The Worker appealed from this decision on 12th August 2024 to the Assistant Commissioner, Dublin Metropolitan Region, who referred the matter to an independent expert for audit. She in turn issued her findings on 19th December 2024. The Worker’s complaint was not itself upheld however the independent expert highlighted a number of shortcomings in the process applied to investigating it.

The Worker submits that the delay in progressing her complaint was a material factor in the delay she experienced in getting a resolution to her application under Garda Code 11.37.

The Employer acknowledges that there had been undue delay in progressing the Worker’s complaint but submits that many of the factors that contributed to that delay were outside of its control. The Employer’s Representative stated that, for example, 16 witnesses had been interviewed in the course of the investigation.

Discussion and Decision

It is accepted by both Parties that the investigation of the bullying complaint initiated by the Worker in March 2023 took an exceptionally lengthy period, well outside the parameters provided for in the Policy. The Adjudication Officer recommended payment of €5,000.00 in compensation to the Worker in respect of the delay. The Court sees no basis for departing from this award.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
JNF	______________________
21/05/2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Julie Nicholl-Flood, Court Secretary.