FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERFORD REGIONAL HOSPITAL - AND - TECHNICAL, ENGINEERING AND ELECTRICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal of Rights Commissioner's Recommendation No: r-081865-ir-09JOC
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioner's Recommendation No: r-081865-ir-09JOC. The issue concerns an alleged altercation which occurred between two workers and the subsequent investigation which did not impose any disciplinary sanctions. The Union's position is that the organisation did not conduct a thorough investigation and that the worker is considered to have been guilty of inappropriate behaviour despite the complaint having been subsequently withdrawn and no sanction imposed. The Union is seeking that the worker's employment record be cleared and the alleged incident be removed from the worker's personnel file.
Management's position is that although there were no sanctions imposed, the fact cannot be ignored that the incident did take place and was reported on and investigated in line with the organisations grievance procedures. It further contends that there is currently nothing on the worker's file that refers to any inapropriate behaviour on his behalf.
The issue was referred to a Rights Commissioner's service for investigation. His findings and recommendation issued on 11th June, 2010 noting that as no disciplinary sanction had been imposed, effectively there was no issue to adjudicate on. He did recommend that the parties re-enforce the dignity at work policy and to put procedures in place within a period of three months to deal with issues as they arise and within a given time frame.
On the 9th July, 2010 the worker appealed the Rights Commissioner's Decision in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 17th November 2010.
The following is the Court's Decision:
DECISION:
Having regard to all the circumstances of this case the Court is satisfied that the Rights Commissioner recommendation should be upheld with the following addendum: -
- The Hospital should confirm to the Claimant that his personnel file is free of any adverse record
The incident giving rise to the events of 2008 should be regarded as finally closed and the letter dated 11th September 2008 should not be relied upon or referred to for any purpose in the future.
The Court would further urge the parties to address the underlying problems referred to in the course of the hearing with a view to finding a final solution.
Signed on behalf of the Labour Court
Kevin Duffy
8th December 2010______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.