FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RTE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Alleged bullying and harassment.
BACKGROUND:
2. The worker joined the Company in 1988 as a Security Officer. He was subsequently elected by his colleagues as their Deputy Shop Steward within the Company.
The worker claims that following a disciplinary hearing, at which he represented a colleague, that he has been continuously harassed and bullied by his immediate superiors.
Management rejects the allegations of bullying and harassment. It claims that it tried to set-up an internal investigation into the claims made by the worker under the Company's Grievance and Disciplinary Policy and Procedures but both the worker and his Union refused to co-operate with the investigation.
As no agreement was possible between the parties the worker referred the dispute to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969. The worker agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 29th of March, 1999.
UNION'S ARGUMENTS:
3. 1. The worker concerned has been bullied and harassed by line management for the past three years.
2. Following a disciplinary hearing, the worker was denied the right to make a considered response to the charges of wrongdoing made against him. This was a denial of his rights to natural justice.
3. The worker was also refused the right to have his Shop Steward present when allegations were made concerning his work performance.
4. The worker was verbally abused by his superiors. He has a right to be treated with dignity and respect by those concerned.
5. Senior management in the Company was aware of the allegations but refused to deal with the matter in a serious way.
6. The Union is seeking the following redress:
- (1) All unfair comments and reports to be removed from the worker's file.
(2) Letter to the worker confirming the above.
(3) Letter of apology for the treatment meted out over the past three years.
(4) Compensation for the trauma which the worker has suffered.
COMPANY'S ARGUMENTS:
4. 1. RTE regards bullying and harassment in the workplace to be unacceptable behaviour. Perpetrators of such behaviour render themselves liable to disciplinary action. This is clearly laid out in its Personnel Policy and Procedures manual.
2. Management has an obligation to investigate any grievance/allegation raised by any member of staff. It is reasonable to expect the full co-operation of any individual who is able to assist in such an investigation and in particular a staff member who makes the allegation. It is unreasonable to raise allegations in such vague terms and then refuse management's offer to investigate them.
3. The worker made allegations of bullying and harassment but failed to co-operate with the Company's internal investigation into these allegations.
4. Management does not accept that the worker was deprived of his statutory rights following a Disciplinary Board Hearing.
5. The worker was given every opportunity to have his grievance investigated by the Company under its Grievance Procedures but refused to co-operate with the investigation.
RECOMMENDATION:
The Court has given careful consideration to all the written and oral submissions of both sides. Having considered the five claims and their different details the Court is of the view that a solution would best be served by issuing one recommendation in relation to all five claims.
The Court is of the view that the disciplinary hearings of December 1995/January 1996 were unsatisfactorily handled and have been the source of many of the problems in this dispute. These problems were accentuated by failures in communication between the personnel department and the chief security officer, who at times was unaware of the complaints made.
The Court recommends that the Company should now formally acknowledge this situation to the complainants.
The Company has since recognised the mistakes made in conducting disciplinary hearings, and has indicated its intention to ensure that all future investigations/hearings will be dealt with in a different manner so as to ensure that the same problems will not arise.
No satisfactory procedure was in place to cope with the allegations of bullying and harassment in the Company. When the Union notified management of these allegations, management were slow to deal with the situation. These were serious allegations which should have invoked an immediate response. Management finally attempted to deal with the allegations under the existing grievance procedures.
Since this issue was referred to the Court, an agreed procedure has been put in place which is specifically designed to deal with bullying and harassment allegations. This procedure was too late to deal with this dispute. Both sides lost out as a result of deficient procedures.
The Court considers that the most satisfactory result to be achieved at this point would be to look jointly to the future operation and relations within the Security section and to attempt to facilitate a fresh start in order to establish a good working environment.
This possibility is facilitated from the outset by a change in management of the section. The new manager must not be saddled by the "baggage" that has developed over the past three years. Additionally the development of new procedures should assist in clearing any future problems.
With this in mind, the Court recommends that the following steps should be taken;
- all critical letters or reports connected with the disciplinary hearings and with all aspects of this dispute should be removed from the personnel files of the five individuals involved in this dispute. Confirmation of this action should be given to each of the claimants and to the Union along with the formal acknowledgment referred to above.
- in an effort to ensure that the new bullying and harassment procedures are effective, management should engage the services of a professional in this field to communicate the policy to all employees, and train all supervisors and managers on how to handle complaints under these procedures. Both the Company and the union should consider jointly the structuring of such training in line with clause 6 of Partnership 2000 - High Level Skills and Life Long Learning.
- management must accept that all employees have a right to be treated with respect and dignity in the performance of their duty
- employees must accept their duties and obligations to management and that grievances must be processed under the appropriate procedures in the normal way
- the training needs of supervisors in the security area must be assessed particularly with regard to people management skills, and the identified needs should be addressed as soon as possible.
The Court is of the view that it should not have been necessary for the Union to refer these claims under Section 20 of the Industrial Relations Acts, 1969 / 90. Management should have made every effort to investigate these allegations before referring to a third party.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th May, 1999______________________
L.W./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.