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LCR22492

FULL RECOMMENDATION

CD/20/188

RECOMMENDATION NO. LCR22492


SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

CLUNEDARBY MUSHROOM LIMITED

- AND -

A WORKER

DIVISION :

Chairman:

Mr Foley

Employer Member:

Mr Marie

Worker Member:

Mr Bell

SUBJECT:

1. Abusive Work Environment.

BACKGROUND:

2. The worker appealed against his dismissal under Section 20(1) of the Industrial Relations Act 1969 on the 12 June 2020. A Labour Court hearing took place remotely on 22 October 2021.




RECOMMENDATION :

This trade dispute comes before the Court as a referral under Section 20(1) of the industrial Relations Act, 1969. In accordance with that section of the Act, the worker has undertaken to accept the recommendation of the Court. The employer was not statutorily required to give any such undertaking and did not do so.

There is no matter of law before the Court in this matter.

The applicant in this trade dispute alleges that he experienced a distressing and abusive work environment created by the employer. He said it was an environment in which the employer abused his position of power.

The applicant, having been notified of the hearing on 18th August 2021, made contact with the Court on 19th October 2021 which was 3 days before the date of the scheduled hearing, seeking a postponement of the scheduled hearing. That application was refused.

In the event, neither the applicant nor the employer attended the hearing of the Court.

In those circumstances the Court recommends that the matter be regarded as closed.

Signed on behalf of the Labour Court

Kevin Foley

SL

______________________

5 November 2021

Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Shane Lyons, Court Secretary.