FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTH EASTERN HEALTH BOARD - AND - A WORKER (REPRESENTED BY PSYCHIATRIC NURSES ASSOCIATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR15743/03/GF.
BACKGROUND:
2. The worker concerned is employed by the North Eastern Health Board as a Unit Manager at the Day Activation Unit in Rathcorrick. In August 2001, three staff members made an allegation of bullying and harrassment by the worker to the Director of Human Resources. A team was set up to establish the facts of the complaint, following which it was decided to appoint a facilitator. The complainants withdrew from this process.
The issue was referred to a Rights Commissioner for investigation and recommendation. His second recommendation which issued on the 17th of November, 2003 is as follows:
"I believe that the matter has been allowed to get completely out of hand. I am recommending that the original agreement to engage the services of the independent investigator mentioned in the documentation, be adhered to. I accept the process may be time consuming. I am urging the claimant and her Union to return to this path immediately in the interest of common sense."
The Union appealed the recommendation to the Labour Court on the 11th of December,
2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour
Court hearing took place on the 11th of March, 2004.
UNION'S ARGUMENTS:
3. 1. The Union believe that the initial team set up to establish the facts of the case constituted an investigation.
2. The Union was always willing to cooperate in the facilitation process.
3. The Union was confused by the second recommendation of the Rights Commissioner as cited above.
BOARD'S ARGUMENTS:
4. 1. The complaint of bullying and harassment was dealt with in accordance with the Board's policy.
2. Facilitation was decide on as the best way forward. The complainants refused to cooperate in this process.
3. An investigation was then set up. The Union refused to cooperate in this process, believing an investigation to have already taken place.
DECISION:
The Court has proceeded in this appeal on the basis that the document issued by the Rights Commissioner dated 17/11/03 represents the definitive recommendation.
Having considered the submissions of the parties, the Court is satisfied that the investigation into the complaints made against the claimant have not been brought to finality. It is in the interest of all parties that this matter be fully and finally decided without further delay. Accordingly, the Court is of the view that the claimant should cooperate in the remaining stages of the investigation and that the management should ensure that a definitive finding is made on the merits of the complaints as quickly as possible.
On this basis, the recommendation of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
16th. March, 2004______________________
MG.
Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.