LCR23128

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00051063 (CA-00048584-003).

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 30 December 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 28 November 2024 the Adjudication Officer issued the following Recommendation:

“I recommend that the Employer commences the processing of the Worker’s appeal immediately in line with its appeal process set out in the Grievance Procedure 2020, and I further recommend that the Employer issues a final written decision on appeal to the Worker and / or his representative, no later than 60 days from the date herein. I note that the Grievance Procedure at paragraph 14 allows the parties to engage in a medication process. I recommend that both parties explore the option of mediation, and if the parties are willing to consent to such a process, they should engage in same with a view to resolving this dispute. However, in the event the mediation process fails, the 60-day deadline for conclusion of this matter still applies.

For the reasons set ut above, I recommend in favour of the Worker.’’ A Labour Court hearing took place on 23 April 2024.

DECISION:

The Appeal

This is an appeal on behalf of Limerick City and County Council (‘the Employer’) from a Recommendation of an Adjudication Officer (ADJ-00051063/CA-00048584-003, dated 28 November 2024) under section 13 of the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 20 December 2024. The Court heard the appeal in Limerick on 23 April 2025.

Factual Background

The within protracted dispute dates to the Worker’s promotion to grade of Supervisor on 7 October 2020, following which a range of opportunities to work overtime and to act up were no longer available to him. This resulted in significant financial loss to the Worker.

The Worker initiated the grievance process, complaining that the Employer had acted unilaterally in withdrawing the overtime and acting up opportunities from him and had not informed him of those changes prior to his promotion. A decision issued following the completion of the formal stage of the grievance process on 27 September 2021.

It is common case that the Worker appealed from this decision but that the appeal has not been heard in circumstances where the Worker initiated a number of related statutory employment rights claims before the Workplace Relations Commission.

Decision

The Recommendation of the Adjudication Officer in this matter is set aside in full. The Parties should reengage under the Employer’s Grievance Procedure to complete the appeal stage of the Worker’s grievance.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
1 July 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.