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LCR22849

FULL DECISION

CD/23/232
ADJ-00033618 (CA-00044417)
DECISION NO. LCR22849

INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES:
HEALTH SERVICE EXECUTIVE
(REPRESENTED BY HEALTH SERVICE EXECUTIVE)

- AND -

A WORKER
(REPRESENTED BY SIPTU)


DIVISION:

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Tanham


SUBJECT:

Appeal of Adjudication Officer Decision No: ADJ-00033618 (CA-00044417)


BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 24 July 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 21 June 2023 the Adjudication Officer issued the following Recommendation:

“In all of the circumstances I am recommending a compensatory payment of €3,000 for the respondent’s failure to adhere to their own procedures with respect to activating the application for inclusion in the Scheme and with respect to their failure to conduct an investigation that afforded natural justice to the complainant.

Additionally, I am recommending in full and final settlement of this complaint that the parties agree and make arrangements for the claimant to be facilitated with the Right of Appeal mechanism set out in par.10 pg 31 of the respondent’s Long Term Absence Benefit Scheme Guidelines - Approval Date 20 Nov. 2012 – to determine the outcome of her application. While I acknowledge that this appeal process may currently only apply to Nursing staff, given the backdrop to this case, the breakdown in trust between the parties and the unique circumstances pertaining with respect to a flawed investigation, I recommend that the parties agree to implement this appeal process as a matter of urgency’’

A Labour Court hearing took place on 24 October 2023.:





DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The Court notes that the processing of this matter, which is associated with an application for access to the Serious Physical Assault scheme arising from an alleged assault which allegedly occurred in October 2020, has, by acknowledgement of both parties, been delayed beyond that which either party would find acceptable.

Having regard to all of the circumstances outlined by the parties, the Court Recommends the following in full and final settlement of this dispute:

• That the employer should make a gesture of goodwill in acknowledgement of the delays which have occurred and in the interest of good industrial relations in the form of an ex-gratia payment to the worker in the amount of €3,000.
• That the worker’s application for access to the scheme should, in accordance with the terms of the scheme, be progressed to a final appeal to be heard by Mr Delamere, who is a senior manager in the employer’s National Employee Relations division. The outcome of that appeal will deal in finality with the application for access.

The Court so decides

Signed on behalf of the Labour Court
Kevin Foley
CC ______________________
09 November 2023 Chairman


NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.