LCR23281

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00058409 (CA-00070917-002 IR-SC-00004148).

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 27 March 2026 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 11 March 2026 the Adjudication Officer issued the following Recommendation:

“For the reasons set out above, I do not recommend in favour of the Worker.”

A Labour Court hearing took place on 18 June 2026.

DECISION:

This matter before the Court is an appeal of a Recommendation of an Adjudication Officer under section 13 of the Industrial Relations Act 1969.

The Adjudication Officer made a recommendation in relation to two related complaints under the Act: IR - SC - 00004147- and - SC - 00004148 each of which has been appealed by the Worker. The Court heard the appeal in Dublin on 18 June 2026. IR - SC - 00004147 is addressed with in Determination LCR22280.

The Worker, who is a serving Member of An Garda Siochana, objects to the classification of her absence from duty between 25 September 2024 and 15 December 2024 as ordinary sick leave. The Worker sought to appeal that matter under the Dispute Resolution Procedure (DRP).

Summary of Worker’s case:

The Worker suffers from a medical condition for which a reasonable accommodation was formally approved by management. In September 2024, management unilaterally withdrew the approved working arrangement. As a direct consequent of management’s action, the worker suffered significant workplace-related stress and was deemed medically unfit to attend work between 25 September 2024 and 15 December 2024. Despite the clear causal link between the withdrawal of reasonable accommodation and her injury, her absence was recorded as ordinary sick leave.

The Worker sought that her absence be classified as an ‘injury on duty’ in accordance with mandatory procedures prescribed by Garda Code Chapter 11:37. The request was declined and her application was not processed in accordance with mandatory procedures. 

The Worker sought to challenge the flawed decision through the Internal Dispute Resolution Procedures. Management refused to engage with her grievance and asserted that no appeal mechanism exists. In circumstances where no internal appeal mechanism exists, an investigation by the WRC and Labour Court on appeal is necessary and appropriate.

Summary of Management’s case:

No appeal mechanism exists to challenge the decision. The rationale for not hearing the complaint under the Internal Dispute Resolution Procedures was communicated to the Worker’s representative.

While there is no formally agreed appeal process in place, collective discussions regarding the application of sick pay and injury on duty are ongoing for some time between Management and Garda member associations, including the GRA, with a view to concluding a collective agreement regarding same. These engagements have included discussions on an appeal or review process for 11.37 applications. These proposals are still under active consideration by the parties.

Previous ‘ad hoc’ arrangements did exist within the organisation by which a preliminary recommendation regarding injury on duty application was made by the deputy to the Executive Director, followed by an ‘appeal’ to the Executive Director on request. However, this practice was discontinued following objections raised by the worker’s representative association.

Management submits that the appropriate forum for progressing the matter of an appeals process should be raised within a forum that deals with collective issues.

Recommendation

The Court has given careful consideration to the submissions made at the hearing.

The Worker’s representative raised several issues in relation to Management’s rejection of the Worker’s application to have her absence classified as an injury on duty, which is set out in LCR23280.

The Court notes that there is no agreed appeal mechanism in relation to an application to classify an absence as an injury on duty and therefore no option to review a decision once it is made.

The parties acknowledge that the fact that no mechanism exists to appeal such a decision is a collective matter for negotiation between the parties. It is not within the Court’s remit to step outside agreed processes and procedures or to provide an interim appeal mechanism pending collective negotiations between the parties. Having regard to the submissions made the Court does not deem it appropriate to insert itself into a review of the matters raised. 

For the reasons above, the Court cannot recommend in favour of the Worker.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
20/07/2026	Deputy Chairman

NOTE

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