FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE / NORTH EAST - AND - A WORKER (REPRESENTED BY IRISH NURSES ORGANISATION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-045583-ir-06/JT.
BACKGROUND:
2. The Worker was employed by the HSE North East as a public health nurse. During the period 2004 to 2006 the Claimant alleges named members of Management subjected her to continuous bullying and harassment which included an inappropriate transfer in January 2005. The claims were upheld by a independent investigation team . Due to severe stress the Claimant was placed on sick leave by her GP in December 2005 and it is the contention of the Union that this resulted directly from the bullying and harassment.
The matter was referred to a Rights Commissioner for investigation and Recommendation. On the 23rd March, 2007, the Rights Commissioner issued his Recommendation as follows:-
"Having considered the submissions made by both sides and the documentation submitted to me in relation to the harassment and bullying of the Claimant, I considered these and there is no doubt that bullying and harassment did take place and that the Claimant took sick leave as a result of this.
As regards the Claimant's claim for reimbursement of lost earnings and an amendment to discount the period of sick leave of the Claimant I considered this. However, the sick leave scheme as operated by the Department of Health Circular 10/71 is indeed inflexible. So I take into consideration the mitigating circumstances and, therefore, accept the respondents statement that they are merely operating the scheme as set out. Regards the Claimant's representative claim for a third party investigation to be instigated into alleged acts of victimisation against a specific manager, in my opinion the Claimant has a case under the Health and Safety and Welfare at Work Act which her Union representative can advise her on. It is a matter for the Claimant to decide, if she wishes, to pursue the matter under this legislation, therefore, I do not find in favour of the claim as presented to me on the behalf of the Claimant".
On the 27th April, 2007, the Union 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 12th September, 2007, and a second hearing took place on the 8th January, 2009. The following is the Court's decision:
DECISION:
1. The HSE should provide the Claimant with an alternative post in a location of her choice. This offer should be held open for a period of 24 months.
2. The HSE should pay the Claimant an ex-gratia sum of €25,000 in full and final settlement of all outstanding claims.
Signed on behalf of the Labour Court
Kevin Duffy
16th January, 2009.______________________
CO'NChairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.