FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST. JAMES'S HOSPITAL - AND - MS ROSE MC LOUGHLIN DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Alleged harassment and bullying.
BACKGROUND:
2. The worker concerned has been employed as a nursing assistant at St. James's Hospital for the past nine and a half years. She claims that during this time she has been subjected to harassment and bullying by supervisory staff. Management rejected the claim. On the 23rd of July, 1999, the worker referred a complaint to the Labour Court under Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. By letter dated 8th of September, 1999, hospital management outlined its position to the Court and declined an invitation to attend the hearing on the basis that the worker had not utilised the internal grievance procedures, and has proposed to the claimant that she use these procedures initially. Management has written to the claimant in that regard. The Labour Court investigated the dispute on the 20th of September, 1999.
WORKER'S ARGUMENTS:
3. 1. The worker concerned has been victimised and bullied in relation to various aspects of her duties while working on the wards. Details of these incidents are supplied to the Court. Management has cited a number of complaints about the worker but has never put any of them to her in writing. The worker has often been called to oral hearings to which she strongly objected because the allegations being instigated were not in writing. There has been a lack of trust between Management and the worker.
The worker in carrying out her normal duties felt that she was being picked on by supervisory staff on the wards and that she was afforded scant co-operation by them.
2. Management claimed that the worker was aggressive in her dealings with supervisors. This is not the case. The worker did voice her objections when requested to do some tasks which were outside and beyond her duties as a nursing assistant and which she had no legal cover to undertake. The worker was not rude to patients, their families or a fellow ward attendant nor was she a " difficult" worker as alleged by Management.
3. The worker's health has deteriorated because of the unfair treatment which she has received. Despite repeated requests Management has refused the worker's reasonable demand that any complaints/allegations against her be put in writing in order that she could respond. It is essential that the employer complies with this request, puts in place a counselling service to assist employees in dealing with work related stress, and implements an appropriate bullying policy.
RECOMMENDATION:
In this Section 20 (1) referral the worker complains of bullying and harassment at her place of work. In the course of her written and oral submission to the Court a number of continuing incidents were highlighted in support of the complaint.
Objectively, the Court does not consider that these incidents amount to bullying or harassment as those terms are generally understood. However, it is clear that the worker perceives them as such and is suffering from severe stress as a consequence. She told the Court that this has resulted in a deterioration of her general health. In its written submission the Hospital has told the Court that it wishes to address the worker's grievances informally through its own internal procedures when she returns from sick leave.
In the Court's view the approach proposed by the Hospital can provide the worker with a fair and constructive opportunity of addressing her grievances. The Court recommends that this internal process be initiated as soon as the worker is medically fit to return to work. In this process Management should be sensitive to the worker's perception of the events giving rise to the current difficulties and the degree to which they have impacted on her general health and well being. In that regard the thrust of Management's approach should be to support the worker in overcoming these difficulties.
Signed on behalf of the Labour Court
Kevin Duffy
30th September, 1999.______________________
TOD/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.