FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OUR LADY OF LOURDES HOSPITAL - AND - A WORKER (REPRESENTED BY UNITE THE UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Compliance with Independent Report
BACKGROUND:
2. The Complainant is employed as a Clerical Officer in Our Lady of Lourdes Hospital Drogheda. In 2008 she lodged a complaint of bulling against her Manager, the issue was investigated by Management and mediation was offered to both parties. However, in January 2009 the Complainant requested a transfer to another section away from her Manager and her request was granted. The Union sought an independent investigation in the matter and in October 2011 the investigation began. The Investigator issued his findings in a report dated August 2012 and outlined his recommendations. The Union contend that nothing has happen since the issue of the Report, while Management say the delay is due to the Complainant's failure to engage in the process.
On the 20th March, 2013 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st May, 2013.
The Union agreed to be bound by the Court’s Recommendation.
UNION'S ARGUMENTS:
3. 1. Although her complaint was upheld, it was the Complainant who was forced to redeploy to another section while her Manager continues in the same position she has always held.
2. Management should offer the Complainant an explanation, an apologyand an amendment to her sick leave records.
COMPANY'S ARGUMENTS:
4. 1. There were delays in dealing with the issue at first but after the Investigator's Report the Complainant has failed to engage fully in order to follow up on the Recommendations outlined in that Report.
2. The complaint was dealt with in line with the appropriate procedures. The Complainant was offered an opportunity to engage on the Recommendations of the Investigator and she has not taken up that invitation.
RECOMMENDATION:
The Court notes that the respective positions of both parties are sent out in the Union’s letter of the 25thOctober 2012 and Management’s letter of the 7thNovember 2012 respectively. In the context of those letters, the Court recommends that the parties engage with a view to bringing the about a resolution to this dispute.
In the event that the parties cannot reach agreement on any of the issues raised in those letters, the Court further recommends that any outstanding matters be referred back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
18th July, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.