LCR22810

1. Appeal of Adjudication Officer Decision No(s) ADJ-00042791 CA-00053222

BACKGROUND:

2. The Employer appealed the Adjudication Officer's Decision under Section 13(9) of the Industrial Relations Act 1969 on 12 June 2023. A Labour Court hearing took place on 25 August 2023.

DECISION:

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

This trade dispute arises from an assault perpetrated on a worker. She remained out of work as a result of the assault for a period of 12 weeks.

It is acknowledged by the employer that a number of delays occurred in relation to engagement with the worker as regards the applicability of the agreed Serious Physical Assault Scheme (SPAS) in place in the employment. It is also acknowledged that, despite the worker raising a grievance under the grievance process in place in the employment, and contrary to the employer’s policy and the terms of S.I. 146 / 2000 Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000, no outcome of that grievance has issued to the worker

Having regard to the detailed submissions of the parties, the Court recommends that the trade dispute be resolved on the following terms:

• 
  • That the SPAS should apply to the absence of the worker arising from the assault which she suffered. The Court notes that the worker has been paid for two weeks of her 12 weeks absence and recommends that her weekly wages for the purpose of the SPAS should be calculated on the basis of the average weekly wage paid to her in the 13 weeks prior to her absence. On that basis, she should now receive a payment, following applicable deduction of Social Welfare entitlements, of €3,934.60 gross. She should also receive payment of €90.00 being her entitlement to recovery of GP related expenditure by her under the SPAS.

  • Separately to the worker’s entitlements under the SPAS, the failures in terms of engagement by the employer with the worker for an extended period and the failure by the employer to adhere to the fundamental requirements of the grievance procedure in place in the employment, particularly in such distressing circumstances for the worker, must in the view of the Court, be addressed. The Court therefore recommends that

  • a payment of €8,000 should be made in compensation for the distress she has suffered as a result of failures of the employer,

    and

    a further payment of €720 should be made to her, being a recognition of her medical costs necessarily incurred in an environment where the employer gave no timely or clear indication of the support which would be afforded to her following her assault.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
DC	______________________
4 September 2023	Chairman