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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IRON MOUNTAIN (IRELAND) SERVICES LIMITED
- AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer's Recommendation ADJ-00008135.
BACKGROUND:
2. The Claimant appealed the Recommendation of the Adjudication Officer to the Labour Court on 27th September 2017, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing was held on 14th November, 2017. The following is the Decision of the Court:
DECISION :
This is an appeal by an employee of an Adjudication Officer’s Recommendation into her dispute with the Company following a complaint of bullying made by the Claimant in 2016.
The Court notes that at the hearing before the Court, a compromise arrangement was agreed between the parties, whereby the Claimant sought to commence her working hours at 6.00am and finish at 2.00pm. This arrangement was agreed to by the Company and on that basis the Claimant agreed to return to work in the Projects Office.
The Court notes that the Mediation Agreement agreed on 9th December 2016 between the nominated parties continues to exist.
Based on the developments which emerged at the Court hearing, the Court is of the view that the issues referred to the Court are no longer in dispute between the parties. The Court upholds the arrangement agreed between the parties and varies the Adjudication Officer’s Recommendation accordingly.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd November 2017 ______________________
SC Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.