FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LGMSB) - 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 IR 75610/09/MR.
BACKGROUND:
2. This dispute concerns the manner in which the Council investigated a complaint made by the Worker against his Supervisor. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 1st April, 2010 the Rights Commissioner issued the following Recommendation:-
- “I therefore recommend that South Tipperary County Council should now agree to pay [the Worker], on an ex-gratia and 'without precedent' basis, a once-off lump sum of €750”.
- “I therefore recommend that South Tipperary County Council should now agree to pay [the Worker], on an ex-gratia and 'without precedent' basis, a once-off lump sum of €750”.
3. 1.The Worker was severely traumatised by the actions of his Supervisor.
2.The Council failed to investigate the Worker's complaint in a timely and impartial manner.
3.The Worker has suffered significant financial loss and severe psychological distress as a result of this incident.
EMPLOYER'S ARGUMENTS:
4. 1. This incident involved a heated exchange between the Worker and his Supervisor.
2. The Council made every attempt to resolve this conflict but the Worker refused to consider any resolution other than a public apology from his Supervisor.
3. The Council believes that it acted fairly and reasonably in an attempt to resolve this matter.
DECISION:
The Court has carefully considered the submissions of both parties in this case.
The Court finds that there were a number of deficiencies in the manner in which the Council dealt with the grievance raised by the Claimant. In particular the Court takes the view that while the Council made commendable efforts to bring the parties to a mutually acceptable resolution nevertheless it was not an impartial bystander that could distance itself from the incident and should ultimately have managed its investigation to have brought it to an appropriate conclusion.
Equally the Court is satisfied that the Claimant was partially responsible for provoking the circumstances that gave rise to the incident of which he subsequently and quite properly complained to the Council.
The Court notes that the Claimant was absent from work through illness following the complained of incident.
Accordingly the Court has decided that this dispute should be fully and finally disposed of as follows: -
•The Council should, within six weeks of the date of this Recommendation, pay the Claimant compensation in the sum of €7,500
•The Council should restore to the Claimant his full sick pay entitlements with effect from 1 July 2011.
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.