LCR23245

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00049725 (CA-00061053-002, IR-SC-00002136).

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 6 January 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 26 November 2024 the Adjudication Officer issued the following Recommendation: “Having considered the submissions of the parties, and for the reasons stated above, I do not recommend that the matters raised by the worker be the subject of further investigation. I recommend that that on the employees return to work, both parties commit to create a positive working environment going forward, and that the worker receive all reasonable supports to enable that to happen. I further recommend that any future issues that are raised by the worker be done in adherence to the employer’s policies and procedures so that the employer can address matters appropriately.”

A Labour Court hearing took place on 9 April 2026.

DECISION:

Background to the Appeal

This is an appeal by the Worker from a Recommendation of an Adjudication Officer (IR-SC-00002136, dated 26 November 2024) under section 13 of the Industrial Relations Act 1969 (‘the Act’). Notice of Appeal was received in the Court on 6 January 2025. The Court heard the appeal in Limerick on 9 April 2026.

Factual Background

The Worker was employed by Arlington Novas (Ireland) Limited (‘the Company’) as a Locum Worker/Night Project Worker between 1 January 2017 and 23 January 2025, on which date she was dismissed with pay in lieu of one month’s notice.

The Dispute

The Worker submits that she had raised a number of concerns throughout the course of her employment and that her complaints were either not investigated by the Company or resulted in unwarranted disciplinary action being taken against her. She further submits that a disciplinary process to which she was subjected was protracted over an inordinately long period of time having commenced in or around 14 December 2022 and concluded on 22 November 2023.

It is submitted on behalf of the Company that the majority of the concerns raised by the Worker between January 2021 and November 2022 were addressed by the Company and closed off by it. It is further submitted that the Company’s decision to initiate a disciplinary process against the Worker was grounded on bona fide concerns arising from allegations that had been raised against her and was in no way related to the complaints she had initiated. It is also the Company’s position that although the disciplinary process was unusually protracted that the Worker was afforded fair procedures and natural justice throughout.

Decision

The Court has no role in reinvestigating the grievances and complaints raised by the Worker in the course of her employment. Furthermore, the Court sees no merit in directing that any of the issues raised by the Worker be reinvestigated by her former employer. However, in the Court’s view, the Company ought to have been far more pro-active in dealing with both the Worker’s complaints to it and the disciplinary issues that arose in connection with her.

The Court, accordingly, recommends that the Worker be paid €1,000.00 in compensation for the effects of the Company’s tardiness.

The Court so decides.

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

NOTE

Enquiries concerning this Decision should be addressed to Ms. Therese Hickey, Court Secretary.