FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN BUS - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Nash |
1. Appeal of Recommendation of a Rights Commissioner R-086681-Ir-09/DI
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to alleged incidents of bullying in the workplace. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 27th May 2010, the Rights Commissioner issued his Recommendation as follows:
"I recommend that the parties take the following actions to ensure that this dispute is finally resolved and that the claimant is assured of a safe working environment in the future;-
- The respondent should acknowledge in writing the manner in which the Inspector spoke to the claimant was unacceptable and was not in accordance with the behaviour that the respondent requires of its management and supervisory staff.
- The respondent should also confirm that it is committed to ensuring that the claimant, together with all other employees, will be managed in a manner and style that reinforces their right to dignity and respect.
- The claimant should contribute to promoting a safe working environment by ensuring that, in the future, he will respond to management in an acceptable and respectful manner".
On 21st June 2010, the Worker 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 14th October 2010.
EMPLOYEE'S ARGUMENTS:
3. 1. The Claimant contends that the Rights Commissioner's Recommendation inadequately addressed his issues.
2. Management did not fully investigate and deal with allegations of bullying and gross misconduct made by the Claimant.
3. The Company's current grievance procedure presents difficulties and is heavily biased towards Management.
EMPLOYER'S ARGUMENTS:
4. 1. Management maintains that the Claimant's case has been dealt with in a fair and appropriate manner at all times.
2. There have been no further issues raised by the Claimant with regards to the initial complaint of alleged bullying and gross misconduct towards him. Management are therefore of the view that all issues have been resolved.
3. Management contends that the Claimant's complaint has been dealt with through the appropriate channels and does not accept the Claimant's views on the Company's grievance procedure.
DECISION:
The Court has carefully considered the submissions of both parties to this appeal.
The state of relations between the appellant and his supervisor is not satisfactory and it is incumbent on the Company, having taken appropriate professional advice, to take such initiatives as are necessary to address the situation. Both the worker and the supervisor deserve no less. It is not acceptable that the Company would stand off and simply wait for the situation to correct itself. Ultimately this is not a dispute between the worker and the supervisor but rather one between the worker and his employer. Consequently it is the employer that needs to take the initiative and provide a safe and secure working environment for all grades of staff.
The processing of this complaint through the procedures was less than satisfactory. Furthermore it highlighted a number of structural shortcomings that need to be addressed to make them fit for purpose. Accordingly the Court is of the view that the Company should appoint a suitably qualified external person to carry out a review of the manner in which this case has been processed, the structural issues that were highlighted by it and to make appropriate recommendations.
In the course of the hearing it was suggested that the issues complained of ran deep within the depot but that staff were reluctant to come forward to complain. It is not possible for the Court to come to a view on this assertion at this time. However the Court is of the view that the Company needs to independently investigate this allegation in a systematic and credible manner and deal efficiently with any findings and recommendations that emerge from such an exercise.
The Court is of the view that these exercises should be completed within three months of the date of this Decision and that all parties should cooperate fully with the processes outlined above.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
18th October 2010______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.