FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MID-WESTERN REGIONAL HOSPITAL REPRESENTED BY THE HEALTH SERVICE EXECUTIVE - AND - (SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Alleged failure to conduct an investigation into a complaint of bullying.
BACKGROUND:
2. This case concerns s dispute between the Mid Western Regional Hospital and the worker in relation to the failure of the Health Service Executive (HSE) to investigate complaints of bullying/harassment.
The worker's case is that there were at least three seperate incidents in which she perceived that she was being bullied/harassed by her supervisor.
She contends that Management failed to carry out the required investigation into the incidents causing great distress to the worker.
Management's position is that it made every attempt to bring about a satisfactory resolution to the issues and that both parties agreed to attend mediation. It is alleged that practical difficulties such as availability to attend meetings and prolonged absences of those involved further hindered management's efforts.
On the 2nd January, 2008, the worker referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
UNION'S ARGUMENTS:
3 1 The worker has raised issues of incidents of inappropriate behaviour and has aked that these matters be investigated by management. To date this has not happened.
2 These issues have caused great stress to the worker and has resulted in both personal and financial pressures. The Unions claim for an investigation and compensation is fair and reasonable in the circumstances.
MANAGEMENT'S ARGUMENTS:
4 1 Management has made every effort to bring about a satisfactory solution to these issues. There were, however, practical difficulties in carrying out its investigation on the basis of the unavailability of parties to attend meetings and the prolonged absence of a member of management involved in the case.
RECOMMENDATION:
The Court, having heard the submissions of the parties, recommends that the process of investigating the complaints identified should proceed forthwith and should be concluded no later than 30th September, 2008
Signed on behalf of the Labour Court
Raymond McGee
22nd July 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.