FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BROOKHAVEN NURSING HOME - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Bullying and harassment.
BACKGROUND:
2. The case concerns an allegation of bullying and harassment of a Worker.
The employer commissioned an independent investigation which found against the Worker.
On the 1st June 2012 the Worker referred the dispute to the Labour Court 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 the 5th February 2012. The Employer did not attend the hearing.
- The Employers position is that it only became aware of the allegations when notified by the Rights Commissioner Service in March 2012. They immediately requested details of the complaint and appointed an external person to investigate the complaints. The Employer sent a copy of the Investigator's Report to the Court for consideration.
WORKER'S ARGUMENTS:
3. 1. The Worker made a number of complaints to the Director of the Home from approximately 2009 up to 2012.
2. The Worker also made a complaint in relation to her new contract of employment which she refused to sign as she did not agree with aspects of it.
3. The Worker wrote to SIPTU which in turn wrote to the Employer. The Employer responded stating they do not recognise the Union.
RECOMMENDATION:
The issue before the Court under Section 20(1) of the Industrial Relations Act 1969 concerns an allegation of bullying and harassment. The Employer commissioned an independent investigation and the investigator produced a report in October 2012 which found against the Claimant’s allegations.
The Claimant has been on sick leave since January 2012.
It is regrettable that the Employer did not attend the hearing before the Court to put forward its side of the case.
The Court has not been provided with the Employer’s Dignity at Work Policy, however, such policies normally include an appeal mechanism as a standard provision at the final stage of the policy. Therefore, in order to bring a conclusion to the allegations made, the Court recommends that on the Claimant’s return to work, the Employer should offer her an opportunity to appeal the investigator’s report. Furthermore, the Court recommends that, as previously, the Claimant should be afforded the right to be represented during any such appeal mechanism.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
22nd February, 2013Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.