FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OUR LADYS CHILDRENS HOSPITAL CRUMLIN (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioners Recommendation No: r-130487-ir-13/SR
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioner's Recommendation No: r-130487-ir-13/SR. The issue concerns an alleged refusal on the part of the worker to carry out his duties as instructed by management. An internal investigation into the issues took place and concluded that it was unnecessary to invoke disciplinary procedures against the worker but that there were other difficulties within the workplace that should be addressed. The Union is seeking that an external investigator be appointed to investigate all matters raised by the worker The matter was subsequently referred to a Rights Commissioner for investigation. A Recommendation issued on the 30th July 2013 and found that an external investigation was inappropriate in the circumstances. The Rights Commissioner further recommended that Management's offer of mediation should be accepted by all parties with a view to establishing a "non blame" solution to the issues raised.
On the 6th September 2013, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st November 2013.
UNION'S ARGUMENTS:
3 1 The worker acted in compliance with clear guidelines in relation to the alleged incident. A subsequent investigation into what had occurred recommended that it was unnecessary to invoke disciplinary procedures against him but that other issues existed in the workplace that needed to be resolved. Despite the fact that it was confirmed that the worker had not acted inappropriately on the day in question, he is concerned that his immediate line managers continue to apportion the blame to him on this and other issues. The worker is fearful that unless an external investigation is conducted on the issues in dispute, with an unbiased outcome, he will continue to be treated unfairly in the workplace.
2 There were also incidences where the worker was denied access to his computer based files and was told that he would have to use a computer that was in a corridor instead. The worker subsequently arranged for the files to be accessible on the other computer and raised a grievance that he had not been consulted in relation to these changes and should not have to carry out his computer based duties in such a setting.
MANAGEMENT'S ARGUMENTS:
4 1 Management accepted the recommendations from the internal investigation and have made every effort to improve communications within the workplace. It is accepted that there are interpersonal issues that need to be addressed and to that end an offer of mediation has been made to the worker. The mediation can commence as soon as the worker indicates that he is willing to participate in the process. It is management's wish that this process will be successful and working relationships will improve as a result.
2 It is accepted that the worker should have been consulted/notified on the movement of the computer based filing system yet there was no malice in management's actions in this regard. The worker has subsequently been provided with an office to carry out these duties.
DECISION:
Having considered the submissions of both parties the Court upholds the Rights Commissioner's Recommendation and decides accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
12th December 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.