FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FAS TRAINING AUTHORITY - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appeal of a Recommendation of a Rights Commissioner No. R-084026-IR-09/GC.
BACKGROUND:
2. The Worker concerned joined FÁS in 1985 as an Enterprise Instructor and has worked in various roles since then. The Employee worked in the Trainee and Apprenticeship Payroll Section (TAPS) Galway as a Clerical Officer from 1999 to 2009.
Between 2005 and 2009 the Worker complained of several bullying incidents of her by a co-worker which she reported to a Supervisor. She also sought Role Clarity on numerous occasions but nothing was received. Following one of the alleged bullying incidents several meetings were held and matters were resolved. Other incidents of alleged bullying took place.
The Worker has also complained that FÁS had no preventative measures against bullying in the workplace. FÁS did however have a Policy: 'Respect and Dignity at Work (Prevention of Bullying and Harassment)' in place. This policy was updated in 2009.
The Worker referred her dispute to a Rights Commissioner in September 2009, in respect of the Employer failing in its Respect and Dignity at Work Policy No. 04.46.09 to follow procedures in line with the Health and Safety Authority's code of practice on the prevention of bullying in the workplace.
The Rights Commissioner in issuing its findings in April 2010 did'not find the claimant's complaints to be well founded.'
On the 21st May, 201, the Claimant 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 23rd February, 2011, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3. 1. The Worker maintains that FÁS had no preventative measures against bullying in the workplace.
2. The Worker contends that Role Clarity should have been introduced as a preventative measure. This was not done.
3. The Worker also maintains that no training or awareness of inappropriate behaviour took place during the 24 years she worked in FÁS.
COMPANY'S ARGUMENTS:
4. 1. FÁS maintains that at the time the Worker brought issues to the attention of her Supervisor and Manager that the version of the Respect and Dignity at Work Policy in place in FÁS at the time had been fully adhered to.
2. FÁS maintains that when updating and revising its Respect and Dignity at Work Policy it takes into account the HSA Code of Practice.
3. FÁS also maintains that it has in place a team of support persons to assist staff if they feel they have been the victim of bullying. the support people are trained and the service is confidential and non-judgemental.
DECISION:
The Court has carefully considered the submissions of the parties to this appeal. Having regard to all the circumstances of the case the Court has concluded that the conclusions reached by the Rights Commissioner are supported by the facts of the case and her recommendation is reasonable.
Accordingly, the Court affirms the recommendation of the Rights Commissioner and the appeal is disallowed.
Signed on behalf of the Labour Court
28th February, 2011______________________
MG.Kevin Duffy
Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.