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LCR22029

FULL RECOMMENDATION
CD/19/137
DECISION NO. LCR22029
ADJ-00013177 CA-00017294

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
AN POST

- AND -

A WORKER
(REPRESENTED BY COMMUNICATION WORKERS UNION)


DIVISION :

Chairman: Mr Geraghty
Employer Member: Mr Murphy
Worker Member: Mr Hall
SUBJECT:
1. An appeal of an Adjudication Officer's Recommendation No. ADJ-000013177.


BACKGROUND:

2. This case is an appeal of an Adjudication Officer’s Recommendation by the Worker. On the 21st March 2019 the Adjudication Officer issued the following Recommendation:-

  • “I find no evidence of bias or unfair treatment of the Worker by the Respondent and its HR Manager. I recommend that a formal outcome be prepared in relation to the Worker's complaints made in 2015 to be furnished to the Worker. I do not uphold the complaints of the Worker which fail, nor do I recommend any further action be taken by the Respondent”.
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 17th April 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on the 14th June 2019.

DECISION :

The Court has considered the submissions made by both parties and associated documentation plus the arguments made verbally at the Court hearing.

The Court concurs with the Adjudication Officer that a case has not been established that the Respondent and its HR Manager were guilty of bias or unfair treatment.

In upholding the finding of the Adjudication Officer, the Court upholds the recommendation that a formal outcome be prepared in relation to the Worker’s complaint made in 2015 and that this be furnished to the Worker.




Signed on behalf of the Labour Court



Tom Geraghty
DC ______________________
24 June 2019 Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.