The complainant in this case sought to appeal the Adjudication Officer's  recommendation. The complainant was a member of the check in staff for the respondent company and was involved in an incident in January 2014 when checking in a passenger flying to Switzerland. The complainant alleged the passenger had become aggressive towards her when she asked him to produce documentary evidence of his entitlement to reside in Switzerland. She submitted that the passenger was flying on an Irish passport and it was her understanding, having checked the company’s TIMATIC database, that the passenger was required to be in possession of a residence permit if he intended to remain in Switzerland for a period longer than three months.

The complainant stated that she consulted with a colleague in relation to the issue and also spoke with her supervisor. Following same, she attempted to speak to the passenger again who allegedly became aggressive towards her, causing her to become upset. The Duty Manager requested that she submit a written report in relation to the incident and she subsequently filed a report by email later that day. The complainant was of the opinion that the respondent company had been negligent in its duty of care towards her and accordingly filed a grievance.

She opined that the incident was not properly investigated and therefore did not accept the outcome of the grievance process. The company submitted that the complainant had departed from company procedure and protocol by failing to escalate the issue to her supervisor and instead consulting with her colleagues. The company also maintained that the complainant did not file a written report of the incident, instead she had simply sent in a written grievance that day which was subsequently investigated by the company. The company admitted that some omissions were discovered in the initial investigation process and accordingly launched a new investigation. A fresh investigation was conducted and the complainant chose to appeal this outcome, however this was not upheld. The company further submitted that she had not correctly understood or applied the information on the company’s TIMATIC system.

The Court held the complaints were not well-founded and that nothing had been presented to suggest the company had failed in its duty of care towards her. The Court also held that the company had fairly considered the complainant's grievance. Accordingly, the Adjudication Officer’s recommendation was upheld and the appeal failed.
https://www.workplacerelations.ie/en/Cases/2018/November/LCR21825.html