FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FINGAL LEADER PARTNERSHIP - AND - A WORKER (REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Bullying, Dignity at Work
BACKGROUND:
2. This case concerns a dispute in relation to a worker who claims to have been bullied and harassed by her line manager and that she was ultimately forced to resign her position. The worker contends that management failed to address the issues repeatedly raised by her or resolve the matters to her satisfaction. The matter was referred to the Court on 11th May 2012 in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union (on behalf of the worker) agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 8th August, 2012.
The Employer did not attend the hearing
UNION'S ARGUMENTS:
3 1 The worker was repeatedly bullied by her line manager and was not afforded the dignity that all employees should experience in the workplace.
2 The worker made several attempts to raise matters with her employer in the appropriate way, yet her issues were not dealt with.
3 Ultimately, as a result of the continuing bullying and harassment and no faith in management's intentions to resolve the issues raised, the worker was left with no option but to resign her position in the organisation.
RECOMMENDATION:
The case before the Court referred under Section 20(1) of the Industrial Relations Act, 1969 referred by the Union on behalf of a worker concerns a claim of constructive dismissal. The Claimant commenced employment with the Fingal Leader Partnership as a Community Projects Worker in June 2008 and resigned from her position on 5thApril 2011. The Claimant submitted to the Court that she had no option but to resign her employment after her employer failed to deal with her complaints of bullying and her right to dignity at work.
Fingal Leader Partnership did not attend the hearing before the Court, it informed the Court in writing that it would not be attending“as no statement of case has been presented”.
The Court regards it as regrettable that the employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
The Court has considered the submission made by the Union and finds it difficult to understand how the employer could suggest that it was not familiar with the details of the case presented. The Claimant submitted details of the many attempts she had made since 17thSeptember 2009 until her eventual resignation to try and resolve a difficult situation which pertained in the workplace concerning a lack of communication, direction and supervision, coupled with a heavy workload and increasing pressure from her line manager.
Following the making of a formal complaint to the Board of Management on 7thFebruary 2011, when the Board failed to respond to her complaint, the Claimant told the Court that she made the decision to resign her position as she no longer had any confidence in their ability to resolve the situation.
The Court notes that after the formal complaint had been made to the Board of Management some attempt was made to set up mediation, however, this process replicated a process which had previously failed, one in which the Claimant’s line manager, the subject of her complaints, had refused to participate. The Claimant’s lack of faith in the process was further exacerbated by the Board’s decision to promote her line manager.
In all the circumstances of this case, the Court notes that Fingal Leader Partnership failed to observe its own policies and procedures as set out under the headings“Staff Supervision and Support”and “Policy on Harassment and Bullying”. Accordingly, the Court accepts the Claimant’s assertion that the lack of progress in dealing with her complaints over such a protracted period had a profound impact on her, leading to her untimely resignation. Consequently, the Court recommends that Fingal Leader Partnership should pay the Claimant the sum of €12,500 in full and final settlement of the claim, within six weeks of the date of this Recommendation, no element of this award is in respect of pecuniary loss.
Signed on behalf of the Labour Court
Caroline Jenkinson
30th August 2012______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.