LCR23150

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00048713 (CA-00059823)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 1 October 2024 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 21 August 2024 the Adjudication Officer issued the following Recommendation:

“I recommend that the parties meet within two weeks of the date below and re-examine the prospect of engaging a third-party mediator to assist with the inter-personal difficulties the Worker reference in her submission. The appointment of said mediator should be agreed between the parties prior to engaging in this process.”

A Labour Court hearing took place on 20 June 2025

DECISION:

The Appeal

This is an appeal by the Worker from a Recommendation of an Adjudication Officer (IR-SC-00001946, dated 21 August 2024) under section 13 of the Industrial Relations Act 1969. Notice of Appeal was received in the Court on 1 October 2024. The Court heard the appeal in Dublin on 20 June 2025.

The Dispute

The Worker is employed as a health care assistant by the HSE in a named hospital. The dispute arises from the manner in which management at that hospital dealt with a complaint made by a member of the public in November 2020 relating to the care received by a patient at the hospital.

The Worker initiated a grievance process in which she disputed any involvement in the matter and took issue with how the relevant line manager purported to deal with the complaint.

It is common case that an apology was made to the Worker by the line manager concerned. This, however, did not resolve matters, in the Worker’s view. A number of third-party interventions followed in an effort to resolve the dispute:

• A WRC conciliation conference;
• Two separate WRC Adjudication Officer investigations and recommendations;
• Two separate Labour Court investigations and decisions; and
• Two separate mediation interventions by experienced independent external mediators.

Discussion and Decision

At the hearing before the Court, the Employer confirmed that the matter in regard to the worker was incorrectly handled by the line manager at the time that the complaint was received. The Employer further confirmed that it was satisfied that the Worker had no involvement in the events that prompted the original complaint in November 2020 and that there was no wrongdoing on her part.

The Court is of the view that the Worker should accept these confirmations, made by the Employer, in full and final settlement of this protracted matter and that the parties should consider the matter as closed.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
FC	______________________
24 June 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Fiona Corcoran, Court Secretary.