FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : COMPONENT DISTRIBUTORS (CAR IRELAND) LIMITED TRADING AS QUINTON HAZEL (REPRESENTED BY PENINSULA BUSINESS SERVICE) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Alleged bullying and harassment.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Company failed properly to investigate his complaint of bullying and harassment. The Worker referred this case to the Labour Court on 14th November, 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 22nd February, 2013.
WORKER'S ARGUMENTS:
3. 1.The Worker was the victim of bullying and harassment.
2.The Company's failure to investigate this incident caused the Worker significant stress and financial loss.
3.The Worker wants an apology and financial compensation.
COMPANY'S ARGUMENTS:
4. 1.The Company was unaware of any allegations of bullying and harassment until it received a medical certificate from the Worker's Doctor.
2.The Company then fully investigated the Worker's allegations.
3.The Worker has now returned to work without incident.
RECOMMENDATION:
The Court has taken full account of the submissions made by the parties. It is noted that in the referral to the Court the Claimant is seeking compensation for loss of earnings. On the facts of the case the Court does not believe that a case for such compensation has been made out. It is also noted that the Claimant has returned to work. Both parties should work positively to put the events giving rise to this referral behind them.
It is noted that at an early stage independent mediation was suggested as a means of dealing with the Claimant’s difficulties. The Court recommends that if there are any outstanding difficulties that approach should be adopted.
Signed on behalf of the Labour Court
Kevin Duffy
25th February, 2013______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.