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LCR22592

FULL RECOMMENDATION

CD/22/26
RECOMMENDATION  NO.  LCR22592

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
SPECIALISED STERILE ENVIORNMENTS LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER


DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Doyle
Worker Member: Mr Bell

SUBJECT:

1. Agreement not completely fulfilled by Company

BACKGROUND:

2. On 26 January 2022, 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 in a virtual setting on 5 May 2022.

RECOMMENDATION :

The Worker commenced employment on the 31st July 2018 as a cleaning technician. The employment came to an end on the15th March 2019. It is the Worker’s submission that the Employer did not comply with the terms of a compromise agreement that they had reached.

Summary of Employer’s submission

The Employer submitted that following the Complainant’s dismissal and arising from his appeal of that decision they had entered into a compromise agreement with the Worker. It was their submission that they had complied in full with the terms of that agreement. The Employer disputed that there was any other agreement or that they had committed to communicate with the Worker in respect of issues affecting other Workers.

Summary of Worker’s submission

The Worker accepted that he had signed the compromise agreement and had received the payment contained in same. It was his submission that there was agreement in respect of other issues that were not contained in the written agreement relating to other employees and that the Employer had failed to follow up on those commitments. The Worker also stated that he was unwell at the time and should not have signed the compromise agreement.

Discussion.

It is not disputed that the Employer complied with the terms of the written agreement and that was the only agreement before the Court. The Court finds that the dispute between the Employer and Worker was resolved at that point

The Court does not uphold the Worker’s complaint.

Signed on behalf of the Labour Court
Louise O'Donnell
TH ______________________
19 May 2022 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.