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LCR22641

FULL RECOMMENDATION

CD/22/50

ADJ-00030563 CA-00040360-001

DECISION  NO.  LCR22641


SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

RIA FINANCIAL SERVICES IRELAND LTD
(REPRESENTED BY PENINSULA)

- AND -

A WORKER
(REPRESENTED BY G N AND CO SOLICITORS)

DIVISION :

Chairman:

Mr Haugh

Employer Member:

Ms Doyle

Worker Member:

Mr Hall

SUBJECT:

1. Appeal Of Adjudication Officer Recommendation No ADJ-00030563.

BACKGROUND:

2. The Worker appealed the Recommendation of an Adjudication Officer under Section 13(9) of the Industrial Relations Act, 1969 on 2 March 2022 and agreed to be bound by the Court's Decision. A Labour Court hearing took place remotely on 12 August 2022. The following is the Decision of the Court:




DECISION :

Background to the Appeal:

This is an appeal by the Worker from a Recommendation of an Adjudication Officer (ADJ-00030563, dated 21 January 2022) under the Industrial Relations Act 1969. Notice of Appeal was received on 2 March 2022. The Court heard the appeal in a virtual courtroom on 12 August 2022. The Worker was in attendance with his Solicitor. RIA Financial Services Ireland Limited (‘the Company’) was not represented.

The Complainant:

The Worker is employed by the Company as an account manager. His employment commenced on 1 September 2018. His remuneration comprises a basic annual salary of €26,000.00 and commission.

The Worker’s Solicitor told the Court that his client had been the subject of bullying by his line manager and the Company’s country manager over a long period and that this has caused the Worker significant work-related stress and anxiety. The Worker has been on unpaid sick leave for approximately one year.

The Worker, according to his Solicitor, raised his concerns with the Company’s Human Resources Manager but he was unhappy with how the Company dealt with his complaint. The Solicitor informed the Court that the Worker is amenable to engaging in mediation with an independent facilitator in order to explore the possibility of re-establishing a working relationship with his managers that would allow him to return to work.

Decision:

The Court recommends that the Company offer the Worker the opportunity to engage with it through mediation and also offer the Worker the assistance of any Employee Assistance Programme available to it.

The Court so decides.

Signed on behalf of the Labour Court

Alan Haugh

SL

______________________

22 August 2022

Deputy Chairman

NOTE

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