FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH EASTERN HEALTH BOARD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR9386/02/FL.
BACKGROUND:
2. The worker was employed as a social worker with the South Eastern Health Board. Problems arose in her relationships with some of her colleagues and as a result she invoked the grievance procedures. A formal letter of complaint dated the 20th February, 2001, about the worker was made to the General Manager Community Services by three of her superiors. The letter made five specific charges against the worker which were of a serious nature.
Management brought in a facilitator but this failed to resolve the dispute.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 7th February, 2003, the Rights Commissioner issued his recommendation as follows:-
- " The letter of the 20th February, 2001 should be withdrawn and expunged from the records.
The Board should write to the claimant to confirm that this has been done.
If the authors of the complaints wish to re-enter them, they should do so in writing in the proper manner, with a copy being sent to the claimant. In that case, the matter should be dealt with expeditiously. If necessary, the Boardshould invite an independent Social Welfare expert to examine the complaints and the claimant's responses and to investigate and recommend on them.
If the decision of the co-authors of the letter of the 20th February, 2001,is not to re-enterthe complaints, the Board should write to the claimant and formally advise her of this."
On the 12th March, 2003 the claimant appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 9th May, 2003.
3. 1. Management has failed to implement the Rights Commissioner's Recommendation.
2. The worker is concerned about the complaints made against her and the possible impact on her reputation in the future.
4. 1. The five allegations have been expunged from the claimant's record/files and no longer exist.
2. The allegations will not be re-entered by those who made them.
3. The Board has complied in full with the procedures as laid down by the Rights Commissioner in his Recommendation.
DECISION:
The Rights Commissioner's recommendation was appealed by the claimant on the basis that the South Eastern Health Board had not complied with the recommendation and due to her need to deal with five allegations as outlined in a letter dated 20th February 2001, from three managers/team leaders to the General Manager Community Service.
At the Court hearing, the Board confirmed that all aspects of the Rights Commissioner's recommendation had now been complied with and that the letter had been expunged from all records/files. The Board confirmed that the authors of the letter would not be re-entering the complaints made.
The Court notes the appellant's concerns regarding the status of these complaints and the possible impact on her reputation in the future. At the hearing the Court requested that written confirmation should be given by the three managers/team leaders concerned confirming their decision not to re-enter the complaints.
The Court is satisfied from the information given by the Board that all references to the five allegations have now been expunged in accordance with the Rights Commissioner's recommendation and therefore will not form any part of any future consideration concerning the appellant.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd May, 2003______________________
LW/BRDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Larry Wisely, Court Secretary.