An Post v A Worker (Represented by CWU)

• Jurisdiction: Ireland
• Judgment Date: 16 March 2018
• Judgment citation (vLex): [2018] 3 JIEC 1601
• Docket Number: FULL RECOMMENDATION DECISION NO. LCR21676 ADJ-00008451 CA-00011508-001
• Date: 16 March 2018
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

CD/18/30

DECISION NO. LCR21676

ADJ-00008451 CA-00011508-001

PARTIES:

An Post

and

A Worker (Represented by CWU)

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Doyle

Worker Member: Ms Treacy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer's Recommendation.

BACKGROUND:

2 2. The case before the Court concerns an appeal of an Adjudication Officer's Recommendation. The dispute relates specifically to the Worker's claim that the Employer has failed to appropriately address concerns raised by him in line with its internal procedures. The Employer refutes the Worker's claim and the dispute could not be resolved at local level.. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 18th January 2018, the Adjudication Officer issued her Recommendation as follows:

“In these circumstances I recommend that a line be drawn under this dispute and that due to the protracted nature of the dispute, the respondent offer to the complainant the compensatory sum of €5,000 in final settlement”

3 The Employer and the Union appealed the Adjudication Officer's Recommendationto the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 7th March, 2018.

UNION'S ARGUMENTS:

4 3. 1. The Worker contends that the Employer failed to address concerns raised by him in a timely and appropriate manner in line with the Dignity at Work Policy.

5 2. The delay in the Employer's handling of the matter caused the Worker to suffer a significant financial loss as a result of his extended sick leave period.

6 3. The Worker is seeking to be compensated for the financial loss he incurred during his sick leave period.

Employer's ARGUMENTS:

7 4. 1. The Employer maintains that it took appropriate action in relation to the concerns raised by the Worker and dealt with them as expediently as was possible at the time.

8 2. The Employer asserts that it made every effort to enable the Worker to return to work when he was declared medically fit to do so.

9 3. The Employer is of the view that there is no compensation owing to the Claimant in this matter.

DECISION:

10 The Court has given careful consideration to the written and oral submissions of the parties.

11 The Court, at its hearing, made it clear that the Court has no function in this matter of making findings as regards...