FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KELLOR JOINERY SERVICES LIMITED T/A MUNSTER JOINERY - AND - A WORKER (REPRESENTED BY MULLANEYS SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Failure to act on foot of employee grievance.
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to the alleged failure of his Employer to investigate grievances raised by the Worker. The Worker contends that he has raised complaints with his Employer however they have neither been investigated or at least acknowledged by his Employer. On the 16th July 2012, the Worker referred his complaint to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 9th April, 2013. The Employer was not present and was not represented at the hearing.
The Worker agreed to be bound by the Recommendation of the Court.
RECOMMENDATION:
The case was brought under Section 20(i) of the Industrial Relations Act, 1969, and concerns the Claimant’s difficulties having his grievance dealt with by his Employer.
The Employer failed to attend the hearing or to otherwise communicate with the Court in relation to the Claimant’s claim. The Court regards it as regrettable that the Employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
Having considered the Worker’s submission the Court recommends that the Claimant should formally raise his grievance in full with the Company’s Human Resource Manager. The Court recommends that Management should immediately investigate the issues when formally raised to bring resolution in order to facilitate a return to work. This investigation should be conducted in accordance with its Grievance Procedures, a copy of which should be forwarded to the Claimant.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
16th April 2013______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.