Health Service Executive (National Ambulance Service) v A Worker (Represented by Forsa Trade Union)

• Jurisdiction: Ireland
• Judgment Date: 19 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 1902
• Docket Number: FULL RECOMMENDATION ADJ-00030638 CA-00041097-001 DECISION NO. LCR22691 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
• Court: Labour Court (Ireland)

PARTIES:

Health Service Executive (National Ambulance Service)

and

A Worker (Represented by Forsa Trade Union)

FULL RECOMMENDATION

CD/22/189

ADJ-00030638 CA-00041097-001

DECISION NO. LCR22691

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

Full Court

DIVISION:

Chairman: Mr Foley

Employer Member: Mr O'Brien

Worker Member: Mr Hall

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. ADJ-00030638 CA-00041097-001

BACKGROUND:

2 2. The Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 13 September 2022 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

3 On 26 July 2021 the Adjudication Officer issued the following Recommendation:-

4 “ Finally, I recommend that the Employee be paid 5. 000 Euros compensation in full and final settlement of all the grievances under this complaint and her past grievances.”

5 A Labour Court hearing took place on 16 December 2022.

DECISION:

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

7 The matter before the Court follows the rejection by the Claimant of a decision by an Adjudication Officer that the employer should make a payment of €5,000 to the Claimant as a means to resolve all outstanding matters and grievances.

8 The Claimant outlined to the Court that she did not wish to accept that proposition as she wanted to vindicate her good name. The matters before the Court involved complaints made by other staff of the employer against the Claimant and complaints made by the Claimant as regards certain issues including against other staff of the employer. She also made complaints as regards the operation of certain administrative processes and systems within the employment.

9 The Court understood from the Claimant at the hearing that she felt she should be compensated now for the length of time the processing of all of these grievances has taken to date to resolve but that she was not, in any event, prepared to resolve the grievances she had raised on the basis of payment of compensation. She also outlined that a range of matters at issue involved complaints of other staff made against her and that these matters were not within her gift to resolve.

10 In summary terms the Court understands that the Claimant seeks a Recommendation from the Court which would:

• Compensate her for delay to date in addressing grievances but not as a means to resolve complaints she had raised against others or others against her. The...