LCR23148

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00048905 (CA-00060084-002 IR – SC - 00001990).

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 11 February 2025

in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 27 January 2025 the Adjudication Officer issued the following Recommendation:

“The complaint is not well founded”

A Labour Court hearing took place in a virtual setting on 17 June 2025.

DETERMINATION:

This is an appeal by the Worker of Recommendation IR-SC-00001990 of an Adjudication Officer in respect of the Worker’s complaint that the employer failed to follow its own procedures or afford the Worker a right to fair procedures and natural justice. The Adjudication Officer held that the complaint was not well founded.

The Union on behalf of the Worker submitted that she was made aware in October 2022 that a member of staff who was one of her direct reports had made and subsequently after a number of months withdrawn a dignity at work complaint against her. The person who made the allegation was facilitated with not having to have phone or face to face contact with the Worker. This was prior to a formal complaint being lodged and the Worker being given the specifics of the complaint and an opportunity to address same.  The Complainant felt this was unfair to her, and submitted a grievance, but her grievance was not upheld.

The Employer disputed that the Worker was in any way penalised. The proposal to communicate via email was to be a temporary arrangement to facilitate the return to work of the person who made the complaint against her and give them space to consider if they wanted to make a formal complaint. The Worker in this complaint was informed by management that they were implementing this. It is accepted that the arrangement remained in place until May 2023 a period of eight months and that this was an ad hoc procedure as it was still at the informal stage of the dignity at work process.

Decision

The Court having taken into consideration the written submissions and oral submissions on the day of the hearing notes that an ad hoc procedure of this nature can be helpful to restore relationships if in place for a short period of time, or as part of a mediated solution. However, to allow it to run for eight months was very unfair to the Worker who is the subject of this complaint. The Court therefore awards compensation of €1,000 for the failure of the Employer to either resolve this issue or move it to the next stage in the process in a timely manner.

The Appeal is upheld. The decision of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
14 July 2025	Deputy Chairman

NOTE

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