FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CARTON PROCESSING LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against Rights Commissioner's Recommendation IR 3759/01/TB.
BACKGROUND:
2. The dispute concerns a claim of bullying and harassment. It is alleged by two employees that they were verbally abused and bullied by their manager.
Management reject the claim.
The dispute was the subject of a Rights Commissioner's hearing which took place on the 13th June, 2001. The following is the Rights Commissioner's Recommendation:-
"1. In relation to the specific incident which gave rise to the events that resulted in this investigation I would observe the following.
- While there may be some dispute about one of the areas to which one of the claimants was asked to movethe manager wasquite entitled to ask the claimants to move to other work and was entitled to expect that they would move as requested.
- The claimants may consider (and obviously do) that what took place during the incident to be an affront to their dignity but in my view it did not amount to bullying or harassment.
I recommend that the three people involved express regret for the incident and it should then be considered closed.
2. In relation to the company's procedures on the working environment and the outcome of the investigation into the incident. I would observe the following:- No evidence whatever was produced to demonstrate that the complaint was made out of malice. The company should immediately withdraw its proposed disciplinary action.
- The company and the union should negotiate and agree a policy on the prevention of workplace bullying"
- While there may be some dispute about one of the areas to which one of the claimants was asked to movethe manager wasquite entitled to ask the claimants to move to other work and was entitled to expect that they would move as requested.
The Union appealed the Recommendation on the 24th July, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court investigated the dispute on the 29th November, 2002. (the earliest date suitable to the parties).
2. Statements were taken from the two employees concerned but the statements did not accurately reflect what they had said regarding the incident.
3. An official complaint was made to the Shop Steward who raised the matter with management. The employees concerned were very upset over the whole affair.
4. The complainants are seeking a further investigation into their complaint by senior management other than those who conducted the first investigation.
COMPANY'S ARGUMENTS:
4. 1. Managers must have the right to manage and the company acknowledges the Rights Commissioner's acceptance of this.
2.The company and the union have agreed a comprehensive bullying and harassment policy.
3. The statements given by the complainants conflicted with those given by the manager and the rest of the workers in that area.
4. Management found no grounds for the complaint and concluded that it had been made out of malice.
DECISION:
The Court is satisfied that the recommendation of the Rights Commissioner provides the basis on which the dispute between the parties should be amicably resolved.
It is noted that a new grievance procedure is now in place in line with the recommendations of the Rights Commissioner. This should be seen by all concerned as a positive outcome from the dispute. However, given the passage of time since the incident it would not now be practical to conduct a new enquiry into the events which gave rise to the original complaint.
In all the circumstances of the case the Court is of the view that all parties should agree to put this dispute behind them. In that spirit the company should not require the expression of regret on the part of the employees concerned which was recommended by the Rights Commissioner.
On that basis the Rights Commissioner's recommendation is upheld.
Signed on behalf of the Labour Court
Kevin Duffy
13th December, 2002______________________
LW/LWDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.