FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ROSDERRA IRISH MEATS GROUP LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal against Rights Commissioner's Recommendation r-069059-ir-08/GC.
BACKGROUND:
2. This dispute concerns the manner in which the Company investigated a complaint made by the Worker against a Director of the Company. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 12th October, 2009 the Rights Commissioner issued the following Recommendation:-
- “I do not uphold the claim that [the Worker's] complaint was not investigated properly by the Company”.
- “I do not uphold the claim that [the Worker's] complaint was not investigated properly by the Company”.
3. 1.The Worker was severely traumatised by the actions of the Directorof the Company.
2. The Company failed to investigate the Worker's complaint in an impartial manner.
3.The Worker has suffered significant financial loss and severe psychological distress as a result of this incident.
COMPANY'S ARGUMENTS:
4. 1. This incident arose from the Worker being informed by the Company Director that his work performance was not satisfactory.
2. The Worker then made a complaint against the Company Director and the Company then investigated this complaint in a timely and impartial manner.
3. The Worker did not raise any concerns about the investigation until after he was subsequently dismissed for absenteeism.
DECISION:
The Court has carefully considered the submissions of both parties to this appeal.
The Court is satisfied that the Company’s investigation into the Claimant’s grievance was deficient in a number of respects. The Claimant was entitled to have his grievance fully investigated and the Company's investigation here fell short in that regard. The Company’s employees are entitled to have any complaints properly and fully investigated and particularly where they involve senior Company personnel.
As a full investigation of the complaint was not conducted, the Court cannot make a determination on the merits of the Claimant’s grievance. As the Claimant is no longer an employee of the Company the option of a fresh independent investigation of the complaint is not now a viable way forward.
On the basis of the foregoing the Court allows the appeal and decides that the matter be disposed of by way of a compensation payment, by the Company to the Claimant, in the sum of €750.00 to be paid within six weeks of the date of this Recommendation.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
9th May, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.