FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER DIVISION : Chairman: Mr McGee Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Claim of harassed at a double level and that an initial complaint went unheard by HSE.
BACKGROUND:
2. The Claimant commenced his employment as an Attendant in a temporary capacity with the Southern Health Board in Mount Alvernia Hospital, Mallow Co. Cork on the 3rd August, 2003. Mount Alvernia is a 58 bed long term care facility which provides care for senior adults with a history of enduring mental health issues. As of 14th July 2003 the Claimant qualified under the terms the Protection of Employees (Fixed Term Work) Act 2003 resulting in him becoming a permanent employee.
In August 2005 a dispute arose between the Claimant and another staff member, this was the subject of a meeting between all the parties including Management and Union representatives. Following this meeting a proposal was identified but the Claimant was not happy with the outcome because he felt his grievances were not addressed and issued a letter of resignation to take effect as of 22nd August, 2005.
There were ongoing correspondence between the Employee Relations Department of HSE South and the Claimant in the period after his resignation
On the 17th July, 2008 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th June, 2009.
The Claimant agreed to be bound by the Court’s Recommendation.
CLAIMANT'S ARGUMENTS:
3. 1. At the time of his resignation it should have been noted by the Employer that the Claimant was acting under duress caused by the stress he had to endure while working at the hospital.
2. After 12 years of loyal service to the H.S.E. it would be only fair and reasonable for the Employer to allow the Claimant to return to his work.
COMPANY'S ARGUMENTS:
4. 1. The Claimant was afforded every opportunity to engage with Management and discuss every issue he wished to raise.
2. The Claimant was treated in a fair and equitable manner throughout his entire employment with H.S.E. South. He resigned his post of Attendant at Mount Alvernia Hospital on his own volition.
RECOMMENDATION:
The Court has considered the submissions of the parties. In the view of the Court, given that the Claimant resigned and confirmed that resignation, the HSE acted in a reasonable manner in its attempts to address the situation. In all the circumstances, the Court cannot recommend concession of this claim and finds against the Claimant.
Signed on behalf of the Labour Court
Raymond McGee
29th June, 2009______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.