INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
MC SWEENEY ASSETS GROUP HOLDINGS LIMITED
(REPRESENTED BY DUNDON CALLANAN SOLICITORS)
- AND -
(REPRESENTED BY EVERSHEDS SOLICITORS)
Chairman: Mr Hayes
Employer Member: Mr Marie
Worker Member: Ms Tanham
1. Appeal Of Adjudication Officer Recommendation no: r-147203-ir-14/DI
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 12th April 2016 the Adjudication Officer issued the following Recommendation:
Having fully considered the submissions made by the parties I find
that the Claimant had an entitlement to have his
grievances investigated and progressed through the
grievance procedure. The Claimant was paid in lieu of notice and
therefore his termination date was the date his notice would have
ended had he worked that notice...
Contrary to the provisions of Statutory Instrument No.146 of 2000, the Claimant's right to have his grievances progressed through procedure was denied to him. I therefore recommend that the Respondent pay to the Claimant the sum of €1,000 in compensation for denying the Claimant the right to have his grievances progressed in March 2014.
The Employer appealed the Adjudication Officer's Recommendation to the Labour Court on the 19th May 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 8th July 2016.
The Respondent was informed on 3rd April 2016 that his grievances were not being progressed despite the fact that the Respondent was paid in lieu of notice and was still in the Appellant company's employment at that time. As such, the Respondent was entitled to have his grievances investigated and progressed through the grievance procedure.
As the Respondent was made redundant due to circumstances unrelated to the grievance raised and the Respondent was no longer actively working in the Appellant's business it was appropriate and correct to not continue with the grievance procedure.
- Having given careful consideration to the submissions of both parties to this dispute, the Court finds that the Claimant was entitled to have his grievance investigated and dealt with in accordance with the terms of the Grievance Procedure in place in the Company. The Respondent denied him that facility. Accordingly he was denied access to fair procedures through which to process his complaints.
Accordingly the Court finds merit in the Claimants case.
It further finds that the Recommendation of the Rights Commissioner provided for reasonable and proportionate compensation in all the circumstances of this case.
The Court upholds that decision and rejects the appeal.
The Court so decides
Signed on behalf of the Labour Court
12 July 2016Brendan Hayes
Enquiries concerning this Decision should be addressed to John Deegan, Court Secretary.