LCR22292

1. Matters related to initial three months in new role In Limerick.

BACKGROUND:

2. This case concerns a claim by the Worker that she was unfairly treated.

The Employer does not accept the claim and contends that the internal grievance procedure was not availed of in this instance.

On 28 January 2020, the Worker, referred this dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.

A Labour Court hearing took place on 21 October 2020.


WORKER'S ARGUMENTS

There was a failure in Management’s duty of care towards the Worker.
The Worker was not given proper direction by management as to who the Worker was to work with or what duties were to be performed.
The Worker was not given swipe card access to the base and hospital, email access or a locker for an inordinate length of time.


EMPLOYER'S ARGUMENTS:

The Worker did not avail of the Company’s internal policies and procedures prior to making this complaint.
The Company believes it has acted in a reasonable manner towards the Worker.
The delay referred to by the Worker was while necessary training was being organised.


RECOMMENDATION :

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

The matter before the Court arises from what has clearly been a difficult series of events in the view of the Claimant.

The Court has a concern that the within referral under Section 20(1) of the Industrial Relations Act, 1969 is less than appropriate in the circumstances of this dispute. This employment has a long history of structured collective relationships and a very comprehensive agreed framework for the resolution of disputes. That framework comprises internal mechanisms and provisions for referral to external parties when appropriate and necessary.

The matters giving rise to the trade dispute before the Court have not been the subject of consideration through any of the internal dispute resolution mechanisms.

In those circumstances, the Court recommends that the parties accept that the internal mechanisms in place in the employment are more appropriate to the task of addressing the issues submitted by the Claimant as the basis for the within trade dispute. The Court notes that mediation has specifically been tabled as an available procedure and the Court recommends that the parties give constructive consideration to engaging with this mechanism in a positive attempt to find comprehensive resolution to the matters in dispute.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
NJ	______________________
04 November 2020	Chairman