FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BON SECOURS HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Alleged bullying and harassment
BACKGROUND:
2. The Union's case concerns alleged bullying and harassment of the worker concerned by the Hospital's Human Resources (HR) manager. The worker commenced employment with the Hospital in August 1992 and is currently employed as a receptionist / telephonist /general clerical assistant. She first made her claim of bullying and harassment in February, 2004. The Union claims that her grievances have not been investigated and that the Hospital has shown little interest in an investigation. The Hospital, for its part, states that it has always been willing to have the case referred to an independent third party, which is what the Union is now seeking. (Both parties supplied details of meetings and correspondence that took place in an effort to resolve the issue). The Hospital supplied the names of three independent third party facilitators it proposed which were rejected by the Union.
The Union referred its case to the Labour Court on the 10th of September, 2004, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th of February, 2005, in Tralee. The Court indicated that it would put forward the names of three persons, one of whom could be agreed between the parties to undertake an independent investigation of the complaints, and it confirmed this to the parties in March, 2005.
RECOMMENDATION:
The Court nominates Mr. Tom Wall as the independent investigator.
Signed on behalf of the Labour Court
Kevin Duffy
12th May, 2005______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.