LCR22567

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

BIDVEST NOONAN LTD
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES LTD)

- AND -

SLAWOMIR LANTAS

DIVISION :

SUBJECT:

1. Appeal of Adjudication Officer Decision No(s) ADJ-00019402 CA-00025336-002


BACKGROUND:

2. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 10 March 2022.

DECISION :

This matter comes before the Court as an appeal by Bidvest Noonan Limited (the Appellant) against the decision of an Adjudication Officer made under the Industrial Relations Act, 1969 (the Act) in a claim made by Slawomir Lantas (the Claimant).

The Claimant contended that he had been requested by the Appellant to attend a medical assessment on 4^th December 2018 while he was absent from his employment through ill health. He submitted that he travelled from his home country to Ireland to attend that assessment at a cost to him of €600.

He contended that he arrived at the venue for the assessment at the appointed time to discover that the Appellant had cancelled the assessment without advising or notifying him. He claimed that the Appellant should reimburse him in respect of the expenses incurred by him.

The Appellant contended that the Claimant had been notified of the medical assessment but had not confirmed his attendance or otherwise communicated with the Appellant. In those circumstances the Appellant, having regard to the uncertainty as to the attendance from abroad of the Claimant and the cost of the assessment, cancelled the assessment pending communication from the Claimant. The Appellant submitted that it would be unreasonable in the circumstances to require it to pay the international travel costs of the Claimant.

The Court has considered carefully the written and oral submissions of the parties. The Court notes that the Claimant travelled to the assessment from abroad on the instruction of the Appellant. The Court also notes that the Appellant did not, when notifying the Claimant of the appointment, require him to confirm his attendance.

Finally, the Court notes that the assessment was cancelled by the Appellant without notification to the Claimant. There is no dispute that the cost to the Claimant of attending the cancelled assessment was €600.

In all the circumstances, the Court recommends that the Appellant should pay the sum of €600 to the Claimant as a gesture of goodwill and in full and final settlement of the within trade dispute.

The Court so decides.

NOTE

Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.