SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY COMMUNICATIONS WORKERS UNION)
Chairman: Mr Geraghty
Employer Member: Mr Marie
Worker Member: Mr McCarthy
1. An appeal of an Adjudication Officer's Decision No. ADJ-00017835.
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Worker. On the 4 June 2019 the Adjudication Officer issued the following Recommendation:-
- “My recommendation is that the Claimant accept the revised sanction and go back to work to the location directed by the Employer once he is fit to do so.
I recommend that the Employer put in place an internal conciliation process between the Claimant and his co-worker regarding the integration of the Claimant into the workplace.
I further recommend that the Employer pay to the Claimant the sum of €2,000 to compensate him for the delay in processing his appeal and implementing its decision.
A Labour Court hearing took place on the 22 August 2019
The Court believes that it is important for both parties that the Claimant should return to work without further delay, subject to medical clearance.
The Court notes the lapse of time since the incident that led to the imposition of disciplinary sanction on the Claimant. In view of this passage of time, the Court believes that the Claimant should now be facilitated with a return to his previous work role on night duty in the Athlone office. The Court is aware that it is open to the Claimant to seek a transfer after his return to work, in the normal fashion, under the agreed transfer arrangements in the Company, if a return to his previous role is not his preferred option.
The Court notes also that it is an everyday function of management to manage the relationships between members of staff and that, if necessary, staff can be reminded of their obligations regarding their behaviour towards colleagues and of the potential consequences of any inappropriate actions.
Signed on behalf of the Labour Court
23 August, 2019Deputy Chairman
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.