INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HEALTH SERVICE EXECUTIVE
(REPRESENTED BY HEALTH SERVICE EXECUTIVE)
- AND -
(REPRESENTED BY SIPTU)
Appeal of Adjudication Officer Decision No: ADJ-00033618 (CA-00044417)
Additionally, I am recommending in full and final settlement of this complaint that the parties agree and make arrangements for the claimant to be facilitated with the Right of Appeal mechanism set out in par.10 pg 31 of the respondent’s Long Term Absence Benefit Scheme Guidelines - Approval Date 20 Nov. 2012 – to determine the outcome of her application. While I acknowledge that this appeal process may currently only apply to Nursing staff, given the backdrop to this case, the breakdown in trust between the parties and the unique circumstances pertaining with respect to a flawed investigation, I recommend that the parties agree to implement this appeal process as a matter of urgency’’
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that the processing of this matter, which is associated with an application for access to the Serious Physical Assault scheme arising from an alleged assault which allegedly occurred in October 2020, has, by acknowledgement of both parties, been delayed beyond that which either party would find acceptable.
Having regard to all of the circumstances outlined by the parties, the Court Recommends the following in full and final settlement of this dispute:
• That the employer should make a gesture of goodwill in acknowledgement of the delays which have occurred and in the interest of good industrial relations in the form of an ex-gratia payment to the worker in the amount of €3,000.
• That the worker’s application for access to the scheme should, in accordance with the terms of the scheme, be progressed to a final appeal to be heard by Mr Delamere, who is a senior manager in the employer’s National Employee Relations division. The outcome of that appeal will deal in finality with the application for access.
The Court so decides
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.