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LCR21638

FULL RECOMMENDATION
CD/15/167
RECOMMENDATION NO. LCR21638

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
EIRCOM
(REPRESENTED BY ARTHUR COX SOLICITORS)

- AND -

A WORKER



DIVISION :

Chairman: Mr Hayes
Employer Member: Mr Marie
Worker Member: Mr Shanahan
SUBJECT:
1. Unfair treatment.


BACKGROUND:

2. This dispute concerns the Worker's claim of unfair treatment. The Worker referred this case 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 on 15 December 2017. During the course of the hearing both parties agreed the following text be included in the Court's Recommendation:


RECOMMENDATION :

1. Eir acknowledges that the Worker is an employee of good standing with a clean disciplinary record and a satisfactory performance rating. Eir has no ongoing issues with the Worker whatsoever.
2. Eir acknowledges and accepts the criticisms set out in the report of the mediator, Pat Brady, and accepts the findings in the Brady report in full.
3. Eir manages and will manage the Worker in accordance with normal practice. The Worker agrees to cooperate with established management practices in line with his contract of employment.
4. The Worker agrees to utilise established Eir dispute resolution processes (in place from time to time) and will do so in a timely manner where necessary.
5. In acceptance of Mr Brady's report, Eir agrees to pay sum of €5000 gross in settlement of this matter.
6. The Worker acknowledges and agrees that all complaints, issues and disputes between the Worker and Eir are resolved as at the date of this Recommendation.

The Court so recommends.



Signed on behalf of the Labour Court



Brendan Hayes
19 December 2017. ______________________
MN Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.