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LCR22375

FULL RECOMMENDATION

CD/20/223

RECOMMENDATION NO. LCR22375

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

A CLINICAL RESEARCH COMPANY
(REPRESENTED BY FIELD FISHER SOLICITORS)

- AND -

A WORKER

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Ms Doyle
Worker Member:	Ms Tanham

SUBJECT:

1. Issue arising from an Employer reference.

BACKGROUND:

2. This complaint concerns a claim by the Worker that a job reference provided by a Line Manager was inaccurate and led to the loss of a job offer.

On 7 August 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 5 March 2021.

WORKER'S ARGUMENTS:

The Worker had never been informed, either informally or formally, of any issues with her work.

The Worker had received satisfactory performance reviews for the duration of her time at the Company.

The Employer accepted that the reference was incorrect.

COMPANY’S ARGUMENTS:

The Worker complaints were carefully and fully investigated by the Company in two separate investigations.

It is disputed that there was any element of malice in the reference given, which was generally positive in nature.

The investigations resulted in an acceptance that all correct procedures had not been followed.

The Company took steps to address the concerns raised by the Worker in order to maintain the trust between the parties.

RECOMMENDATION :

It is beyond the jurisdiction of this Court to consider allegations of defamation and to make any awards regarding such claims, which the Court notes have been denied in any event. It is also beyond the Court’s remit to dictate to employers what references they should give.

The Court notes that the Employer’s own internal grievance process resulted in an outcome which acknowledged that the reference in this case should not have issued to a third party in the form that it did, notwithstanding the view of the Employer that the reference was generally positive.

Taking account of the unique circumstances of the case, the Court recommends that the Employer should pay a sum of €500 to the Worker in compensation.

	Signed on behalf of the Labour Court

	Tom Geraghty
NJ	______________________
5 March 2021	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary.