FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL MUSEUM OF IRELAND - AND - A WORKER (REPRESENTED BY O'MARA GERAGHTY MCCOURT) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation r-085842-ir-09/SR.
BACKGROUND:
2. This dispute concerns the manner in which the Employer investigated the Worker's complaint of bullying and harrassment. This matter was referred to a Rights Commissioner for investigation and recommendation. On the 19th July, 2010 the Rights Commissioner issued the following Recommendation:-
- “I accept that the claimant is entitled to redress by way of financial compensation for the faults and ommissions of the employer towards her ... and I recommend that the employer pay her the nett sum of €5,000.00c in that respect”.
- “I accept that the claimant is entitled to redress by way of financial compensation for the faults and ommissions of the employer towards her ... and I recommend that the employer pay her the nett sum of €5,000.00c in that respect”.
3. 1.TheWorker made a complaint that she had been bullied by a work colleague.
2.TheEmployer failed properly to investigate this complaint.
3.The Employer has caused the Worker great distress and she should be compensated accordingly.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer accepts that it did not properly deal with the Worker's complaint.
2. The Employer apologises to the Worker for its actions.
3. The Employer believes that the level of compensation recommended by the Rights Commissioner is appropriate.
DECISION:
The Court has considered the submissions of both parties in this case and decides as follows:
•Accordingly the Court takes the view that the employer should reiterate the apology it tendered to the employee in the course of the hearing of the case.
•The employer in this case acted in a manner that prejudiced its own ability to deal fairly and impartially with the complaint made by the employee. Given the amount of time that has elapsed since the complaint was first made it is now impractical to address the original complaint in the manner set out in the procedural agreement for such matters. The employee therefore has suffered two degrees of discrimination that make this case extremely difficult to resolve in a satisfactory manner. The employee understandably feels that she has been very badly treated by her employer in this instance.
•The employee concerned has been seeking to vindicate her rights through the industrial relations procedures for several years during which time she has been somewhat marginalised within the management structure of the Museum. The Court takes the view that local management should address this with immediate effect, involve her in all meetings, etc. which her grade and job warrant. The Court is also of the view that a senior member of the corporate management team should take direct responsibility for ensuring that such a reintegration of the employee into the management structure is properly planned and executed in an effective, dignified and sensitive manner.
•In addition the Court has decided that the employer should
- oPay to the worker compensation in the sum of €15,000 (no part of which is in respect of remuneration or loss of earnings) within six weeks of the date of this Decision
oMake the arrangements outlined to reintegrate the worker back into the management structure of the Museum
This Decision is predicated on the commitment given during the hearing by the applicant’s legal representative that no other actions - legal or otherwise - were in being or in contemplation in this case and the terms of the above Decision are accordingly in full and final settlement of all matters the subject of both the original complaint and this appeal.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
21st October, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.