FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : THORNTONS PLC - AND - A WORKER (REPRESENTED BY MICHAEL CORCORAN) DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Bullying
BACKGROUND:
2. This dispute concerns the Worker's claim that the Company failed properly to investigate her complaint of bullying. The Worker referred this case to the Labour Court on 9th February, 2012, 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 11th May, 2012.
WORKER'S ARGUMENTS:
3. 1. The Worker was subjected to very serious bullying behaviour by her Manager.
2. The Company's failure to investigate the Worker's complaint of bullying in a fair and timely manner has caused her 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 fair and thorough manner.
RECOMMENDATION:
- In the course of the hearing agreement was reached between the parties in the following terms: -
- • The Claimant’s complaints of bullying will be the subject of a fresh first instance investigation by an independent member of management at the appropriate level;
- • The investigation will be conducted in accordance with the provisions of the Company’s Dignity at Work Policy; and
- • Should the Claimant be dissatisfied with the outcome of this investigation she will be afforded a full appeal to the next level of management in accordance with the policy.
The Court recommends that the Company proceed to implement the terms of this agreement.
By way of further recommendation, the Court would urge that, in the exceptional circumstances of this case, the Claimant be afforded the opportunity to be represented by the person who represented her before the Court. This person is a retired Trade Union Official with considerable experience in this field whose contribution in the process would, in the Court’s view, be of considerable benefit to both parties.
Signed on behalf of the Labour Court
Kevin Duffy
18th May, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.