FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CARLOW COUNTY COUNCIL - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Alleged bullying.
BACKGROUND:
2. The worker concerned commenced employment with Carlow County Council on the 3rd of April, 1991. She had been previously employed by the Kildare County Council. She was assigned to the Motor Taxation Department and transferred to the Finance Department with effect from 31st of August, 1998.
The dispute concerns the worker's claim that since 1995 she has been bullied and harassed on a regular basis by her supervisors and work colleagues. She argues that she was unfairly suspended from duty with effect from the 20th November, 1999 to the 31st of July, 2000, and that this unfair treatment has caused her stress and humiliation.
The Council rejects the claim. Its position is that it carried out an investigation into the matter and found no evidence to support her claim of bullying and harassment. The Council argues that the worker's allegation of bullying and harassment followed complaints made against her by management which the Council considered to be of a serious nature resulting in suspension with effect from the 20th of November, 1999.
The dispute was referred to the Labour Court by the worker on the 6th of February, 2001 under Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 10th of July, 2001. The worker agreed to be bound by the Court's recommendation.
WORKER'S ARGUMENTS:
3. 1. The worker has been bullied on a regular basis since 1995 by her supervisors and work colleagues. She considers that this unfair treatment was deliberately planned by the people concerned.
2. The conditions under which the worker was obliged to operate after her return to work following her suspension made it difficult for her to carry out her duties in the normal way.
3. The worker's conduct was excellent considering the abuse she suffered. She was wrongly suspended and in the circumstances is seeking that her salary be paid for the full period of her suspension.
COUNCIL'S ARGUMENTS:
4. 1. The Council rejects the worker's claim. Having investigated the complaint it found no evidence of bullying and is satisfied that she was treated in a compassionate manner.
2. The claimant was removed from counter duties because of a severe verbal outburst from her against one of her colleagues which took place at the public counter.
3. The duties assigned in the Finance Department were basic data entry and filing. The Council is satisfied that the worker was treated in a fair manner and does not consider that she was given inadequate training or incorrect instruction.
RECOMMENDATION:
It is clear to the Court that the claimant's difficulties stem from a long standing and deeply rooted antipathy between her and her work colleagues at all levels. This has now reached the point where interaction between them is impossible and in consequence the claimant is placed in an intolerable working environment.
It would be neither practicable or useful for the Court to try to determine what caused this situation to evolve or to apportion blame for its occurrence. Rather, the priority for all parties should be to overcome whatever difficulties exist so as to restore normal working relations between the claimant and her colleagues. For this purpose the Court recommends that an agreed external mediator should be appointed by the Council to work with all parties as internal procedures have failed to resolve the problem.
The mediation process should be focused on restoring normality in the working environment and not on apportioning culpability for past events. So as to emphasise the non-adversarial nature of the process proposed and so as to maximise its chances of success, the Council should agree to expunge the claimants suspension from her record and to restore any loss of earnings arising from that suspension.
Following acceptance of this recommendation the parties should meet to agree an appropriate mediator. If agreement is not reached the Court will nominate an appropriate person.
Signed on behalf of the Labour Court
Kevin Duffy
26th July, 2001______________________
MO'C/CCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Marian O'Connell, Court Secretary.