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LCR22316

FULL RECOMMENDATION


CD/20/181
RECOMMENDATION NO. LCR22316

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
MENTAL HEALTH COMMISSION
(REPRESENTED BY BYRNE WALLACE SOLICITORS)

- AND -

A WORKER


DIVISION :

Chairman: Mr Geraghty
Employer Member: Mr Murphy
Worker Member: Mr Hall

SUBJECT:

1. Alleged bullying, harassment and discrimination.

BACKGROUND:

2. The Employee referred the issue to the Labour Court on 6 June 2020 pursuant to section 20(1) of the Industrial Relations Act 1969. A Labour Court hearing took place on 14 December 2020. The following is the Court's Recommendation:

RECOMMENDATION :

The Worker accepted at the outset of the Court hearing that she was pursuing this appeal under the Industrial Relations Act in addition to a separate case under the Employment Equality Acts and that both cases are based on the same set of facts. Therefore, the Court notes that the dispute between the parties is being pursued as a matter of employment law under the Employment Equality Acts and that it would be inappropriate for the Court to recommend concession of the Worker’s claim under the Industrial Relations Act.

Signed on behalf of the Labour Court
Tom Geraghty
DC ______________________
18 December 2020 Deputy Chairman


NOTE

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