LCR22446

1. Appeal Of Adjudication Officer Decision No(S) ADJ-00027144 CA-00034739-001

BACKGROUND:

2. The Complainant appealed the Adjudication Officer’s Recommendation to the Labour Court on 25 May 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 15 April 2021 the Adjudication Officer issued the following Recommendation:-

"I have concluded that the Employer acted reasonably in the measures applied to reintegrate the claimant into the workforce and accordingly I recommend against the
Complainant."

A Labour Court hearing took place in a virtual setting on 18 August 2021.

DECISION :

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

The matter before the Court relates to events which occurred three years ago. Those events arose from the unfortunate health situation with which the worker found himself dealing at that time.

The worker seeks compensation for the effect on his earnings in 2018 of the fact that he was not allocated the role of chargehand on his return to work from illness on a phased basis in March 2018.

The Court accepts that the employer was at all material times guided by medical advice in terms of restoring the worker to a role as chargehand. The Court notes that another member of staff took up the role of chargehand in 2018 while the worker was assigned a role at Grade 6. It appears clear to the Court that the employer did restore the worker to the role of chargehand as soon as it had clear medical advice that to do so was consistent with his health status.

There is no doubt that the worker suffered losses in 2018 as a result of his situation. The Court does not accept that the losses are of the scale outlined to the Court by the worker and notes in that regard that there is a very significant difference between the parties as regards this element of the dispute before the Court.

The Court, while accepting that the employer acted in good faith and reasonably at all times, believes that its consideration of this trade dispute should take account of the long service of the worker and the longevity of the trade dispute. Having regard to those matters and without prejudice to the position of the employer therefore, the Court recommends that the employer make a gesture of goodwill to the worker in the interest of good industrial relations. In that context, the Court recommends that the employer should make a payment to the worker in the amount of €2,000 in full and final settlement of this dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
EMcN	______________________
23rd August 2021	Chairman