FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : EIRCOM LTD (REPRESENTED BY ARTHUR COX SOLICITORS) - AND - A WORKER (REPRESENTED BY BENCHMARKING ENTERPRISES LIMITED) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Bullying
BACKGROUND:
2. This case concerns a dispute regarding the manner and handling of internal procedures by Management of Eircom regarding their efforts to resolve issues subsequent to a formal complaint been made under Eircom's Workplace Charter by a Co-Worker of the Complainant. A signed Agreement, the terms of which are available to the Court, set out a procedure for final settlement, both parties claim that the terms of the Agreement have not been honoured by the other side.
On the 17th August, 2011 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 5th July 2012.
The Worker agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. The full range of available internal procedures have not resolved the dispute regarding the bullying issues at work.
2. The only redress sought in order to resolve the issue is a declaration from Management that they were in breach of their own code of practice on Procedures for Addressing Bullying in the Workplace.
COMPANY'S ARGUMENTS:
4. 1. The Worker undertook to"to fully comply with all terms and conditions of his employment, including practices and procedures applicable to his said employment"to date he has not fully cooperated.
RECOMMENDATION:
- The Court notes that the agreement entered into between the Company and the Worker in settlement of High Court proceedings committed the Worker to cooperate fully with any investigation into complaints against him by another Employee of the Company. The Court finds it extraordinary that, notwithstanding that commitment, the Worker was not subsequently invited to cooperate with the enquiry.
Nevertheless, that enquiry has been completed and the findings of the enquiry are now the subject of disciplinary proceedings. The Court recommends that the Claimant should cooperate fully with that disciplinary process. All issues raised in this referral in relation to the enquiry should be capable of ventilation through that process.
For its part, the Company should assure the Claimant that the disciplinary process will be conducted in strict compliance with its own procedures and the requirements of natural justice, including in relation to representation.
The outcome of the process should be open to an external appeal to either a Rights Commissioner or this Court
Signed on behalf of the Labour Court
Kevin Duffy
31st July, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.