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LCR20753

FULL RECOMMENDATION
CD/13/404
RECOMMENDATION NO. LCR20753
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
AN POST

- AND -

A WORKER
(REPRESENTED BY COMMINICATIONS WORKERS UNION)


DIVISION :

Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
SUBJECT:
1. Unfair Treatment


BACKGROUND:

2. This cases concerns a referral to the Court in relation to a claim by the worker that, while experiencing personal difficulties and seeking the support of his employer he was treated in an insensitive and uncaring way by those assigned to support him in his difficulties. The matter was referred to the Labour Court on 4th September 2013 in accordance with Section 20(1) of the Industrial Relations Act,1969. The worker agreed to be bound by the Court's Recommendation. The Union is seeking that the necessary supports be put in place to assist the worker and to enable him to continue positively in his employment. Management confirms that any hurt or upset caused to the worker was unintentional and is regretted. The Company is committed to provide the necessary support to the worker into the future.

A Labour Court hearing took place on 1st April 2014. The following is the Court's Recommendation:


RECOMMENDATION :

The Court notes that there was an inordinate delay in dealing with the issues raised by the worker. That delay is regrettable and should not have happened.

However, the concentration of all parties should now be on providing the worker with the type of support and assistance that he seeks. With that in view the Court recommends that the Company and the Union should jointly identify an appropriate professional intervention that can be provided to the worker through the Company’s assistance programme.

The Court further recommends that this process should commence without delay.




Signed on behalf of the Labour Court



Kevin Duffy
28th April 2014 ______________________
AH Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.