FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY AMICUS-AEEU) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR10625/02/JH.
BACKGROUND:
2. The appeal concerns a worker who has been employed by the Council as a plumber since 1982. A formal complaint of bullying and harassment was made against the claimant by a colleague. The Council initially engaged a mediator but following his intervention further allegations of bullying and harassment were made against the claimant. The mediator recommended that a full investigation should take place. The Council then appointed an independent consultant to carry out a comprehensive investigation. The investigation concluded that the claimant had harassed and bullied his colleague. In January 2002 the Council informed the claimant that disciplinary action would be taken against him. He was transferred internally within the Housing Maintenance Department and was instructed to attend six counselling sessions at the Anti Bullying Centre, Trinity College. The claimant attended five of the sessions but did not attend the sixth session. In June, 2002 the Council sought an explanation from the claimant regarding his failure to honour his commitment to complete the course. Subsequently the claimant decided to appeal the outcome of the original investigation and disciplinary decision. The issue was referred to a Rights Commissioner for investigation and recommendation. On the 11th February, 2003 the Rights Commissioner issued her recommendation as follows:
"Given all of the circumstances and taking the above conclusions into account I do not recommend concession of the worker's claim. However, given my conclusions I recommend that no further action be taken by the Council in respect of the worker's participation in counselling at the anti-bullying centre in Trinity College."
(The worker was named in the Rights Commissioner's recommendation).
On the 14th March, 2003 the worker appealed the Rights Commissioner's recommendation to the Labour Court. The Court heard the appeal on the 15th May, 2003.
UNION'S ARGUMENTS:
3. 1. The claimant has been unfairly treated by the employer and cannot accept the investigation's report that he bullied a fellow worker, or the subsequent discipline imposed.
2. The claimant was not given the opportunity to respond to witness' statements as these statements are not part of the public record available to him.
3. The inability to rebut confidential accusations together with the refusal to hear supportive statements offered by the claimant's colleagues gives the claimant cause to question the fairness of the independent investigation.
4. The Union asks the Court to decide that the worker be allowed to return to his original depot and that all records relating to this allegation be removed from his personal records.
COUNCIL'S ARGUMENTS:
4. 1. The Council viewed the findings of the independent investigation as being very serious and considered dismissal of the claimant. Following representations made by the Union the Council decided that, instead of dismissal, it would impose disciplinary action.
2. In accordance with the Council's Bullying and Harassment policy the claimant was instructed to attend counselling and transferred internally. His new depot is closer to his home.
3. The Council is satisfied that the procedures adopted in the investigation of the allegations were carried out fairly, accurately and objectively, a fact accepted by the claimant himself at the time of the investigation.
4. The Council asks the Court to uphold its decision to discipline the claimant.
DECISION:
The Court has considered the oral and written submissions of the parties. Having given careful consideration to the matter, the Court is satisfied that there are no grounds to find that the investigative process carried out into allegations of bullying was flawed. Accordingly the Court finds that the worker's appeal of the Rights Commissioner's recommendation fails.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
22nd May, 2003______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Tom O'Dea, Court Secretary.