FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CENTENARY THURLES CO-OPERATIVE SOCIETY LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Bullying complaint.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Company failed to investigate his complaint of bullying. The Union referred this case to the Labour Court on 23rd February, 2011, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 28th February, 2012.
UNION'S ARGUMENTS:
3. 1. The Worker was subjected to very serious bullying behaviour by a former employee of the Company.
2. The Company's failure to investigate the Worker's complaint of bullying has caused him great stress and anxiety.
3.An independent investigator should now be appointed to investigate this complaint of bullying.
COMPANY'S ARGUMENTS:
4. 1. This complaint of bullying was fully investigated.
2. The allegation of bullying was found to be unproven.
3.The Company dealt with this complaint in a timely, fair and thorough manner.
RECOMMENDATION:
The issue before the Court concerns a claim by the Union on behalf of a worker that the Company failed to investigate a complaint of bullying made in 2009.
A complaint relating to one particular incident was made to management on an informal basis and an investigation was carried out into the incident. The process did not resolve the problem for the worker and he sought an independent investigation.
Having given careful consideration to the submissions made by both sides the Court is of the view that the difficulty which has arisen in this case stems essentially from the fact that no formal complaint was made in writing and consequently the investigation which was carried out lacked the formality that may have been required to bring the matter to conclusion.
The Court notes that, as the person whom the complaint had been made against has retired from the Company, therefore the relationship between the worker and the Company is now good and he no longer has any difficulties in his workplace. In the circumstances the Court does not recommend in favour of an external investigation being carried out at this stage.
Therefore, the Court recommends that in order to avoid similar difficulties in the future, the Company and the Union should examine the Company’s “Policy on Respect and Dignity And Bullying” with a view to amending the policy to incorporate a two-step process for making complaints, the first step should be specific on how informal complaints will be dealt with and the second on how a formal complaint should be made and dealt with. At each step the Court recommends that any investigation carried out should include a record of interviews and a report of the outcome of the process.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th March, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.