Kildare County Council v A Worker (Represented by Gearoid Hodgins)

• Jurisdiction: Ireland
• Judgment Date: 01 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 0101
• Docket Number: DECISION NO.LCR21787,ADJ-00010563 CA-00013979-001,FULL RECOMMENDATION
• Court: Labour Court (Ireland)
• Date: 01 October 2018

Labour Court

FULL RECOMMENDATION

CD/18/122

DECISION NO.LCR21787

ADJ-00010563 CA-00013979-001

PARTIES:

Kildare County Council

and

A Worker (Represented by Gearoid Hodgins)

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer's Recommendation ADJ-00010563.

BACKGROUND:

2 2. The case before the Court concerns the Claimant's appeal of an Adjudication Officer's Recommendation. The dispute relates specifically to the Claimant's claim that he was treated in an inequitable manner by his Employer as a result of the Employer's refusal to facilitate the Claimant's request for a career break, which ultimately led to the Claimant's resignation from his post.

3 The matter was referred to a Rights Commissioner for investigation and recommendation. On 19th April 2018, the Adjudication Officer issued his Recommendation as follows:

“Section 13 of the Industrial Relations Act, 1969 requires that I make a recommendation to the parties to the dispute setting forth my opinion on the merits of the dispute .

Having heard the evidence presented by the parties I am satisfied that the basis of not granting a Career Break to the Complainant was objective and therefore not unreasonable .

However, I find the handling of the appeal by the Local Authority was unhelpful, in that the Complainant was not afforded a specific response to the issues raised in his appeal. On that basis, and in circumstances where an appellant seeks a specific response, it would be deemed good practice to respond to the specific issues raised, and for the Local Authority to demonstrate that the nature of the appeal is actually heard and responded to. Accordingly, I recommend that specific reasons for refusal for a career break be provided to all future appeal applicants” .

4 On the 30th May, 2018 the Claimant appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 7th September 2018. The Appellant was not present at the Labour Court hearing. The following is the Decision of the Court:

DECISION:

5 The parties were notified of the time and date of the hearing of the Court. The Court is satisfied that both parties were aware of those details.

6 The Court notes that a previously arranged hearing had been adjourned at the request of the...