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LCR22016

FULL RECOMMENDATION

CD/19/103

DECISION NO. LCR22016

ADJ-00018137 CA-00023372-001

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

WITH TASTE (BANQUETING FOOD SYSTEMS LIMITED)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Tanham

SUBJECT:
1. Appeal of an adjudication officer decision no. ADJ 00018137.

BACKGROUND:

2. This dispute concerns a grievance on behalf of the Complainant that she was, unfairly and against her terms of employment, transferred from her place of work, the Artist Bar in the National Concert Hall, to another location within the concert venue.

The Claimant is seeking to be returned to her former place of work with immediate effect and to be compensated for the distress caused to her by what was in her view, an unfair decision to move her.
The dispute was referred to the Labour Court on the 21^st of March 2019 under Section 13 (9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 15^th of May 2019.

DECISION :

The Court has given careful consideration to the written and oral submissions of the parties.

The Trade Union submits that the Claimant should be assigned to a location on the premises where she had worked for a number of years prior to being transferred on the premises in 2017. The employer submits that, following the installation of new equipment, the Claimant is not currently competent to operate in that location on her own. The employer submitted that training has been provided and will continue to be provided on the new equipment. The employer has also submitted that whenever the Claimant is considered competent to carry out the role she can be assigned to work in the location where she had worked prior to the installation of new equipment.

No submission has been made that the Claimant has suffered financial or any other tangible loss.

The Court notes the considered and careful attempt by the Adjudication Officer in her decision to make a Recommendation to resolve the matter.

The decision of the Adjudication Officer is affirmed, and the appeal fails.

The Court so recommends.

Signed on behalf of the Labour Court

Kevin Foley
CH ______________________
10th June 2019 Chairman

NOTE

Enquiries concerning this Decision should be addressed to Carol Hennessy, Court Secretary.