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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : APPLE DISTRIBUTION INTERNATIONAL LTD
(REPRESENTED BY JW O'DONOVAN SOLICITORS) - AND - A WORKER (REPRESENTED BY GROSSO & MALDONADO SOLICITORS ABOGADOS AVVOCATI) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Ms Treacy |
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00013332 CA-00017562-002
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 9 April 2019. A Labour Court hearing took place on 2 October 2019.
The following is the Court's Determination:
DECISION :
It is the Workers case that he submitted a bullying complaint which his employer failed to respond to in a timely manner or at all. The Worker’s representative advised the Court that the Worker was looking to have his Complainant dealt with by the Employer.
The Employer in its submission to the Court accepted that it had received the complaint which had initially been sent to the wrong department. The Employer accepted that it had not processed the complaint in line with its own procedures.
The Court having listened carefully to the submissions of both parties finds that the Employer did not follow their own procedure. However, as the Worker has not worked with this Employer since 2017 the Court does not believe there is any practical benefit to recommending that the Employer now process the complaint. On that basis the Court recommends that the Employer ensures going forward that there is no deviation from their own policies in terms of any complaints they might receive. The Recommendation of the Adjudication officer is varied accordingly.
The Court so Recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
21 October 2019 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.