FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN POST - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Bullying, Harassment & Intimidation
BACKGROUND:
2. The case concerns a claim by a Worker that he was bullied, harassed and victimised in his workplace. The Employer believes that the workplace relationship has been affected by decisions it made in relation to the Claimant’s capacity and fitness for work.
On the 25th April 2013 the Worker referred his 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 17th July 2013.
WORKER'S ARGUMENTS:
3. 1. The Claimant has been employed by the Company for the past 28 years and it was only in the past two years he has come to the attention of Management.
2. Approximately 2 years ago a colleague became noticeably more aggressive towards him and the Claimant allowed it for 3 months. The Claimant then began taking notes of the incidents and following a flare up with his colleague, the Claimant was moved to another office.
EMPLOYER'S ARGUMENTS:
4. 1. The Company believes that the Claimant’s relationship with the Company is not what it should be, as a consequence of his disappointment with the Company’s decision that he should not be retired on grounds of ill health.
2. The Company believes that the Claimant’s complaint arises from his line managers efforts to manage his attendance and performance at work.
3. There Company remains committed to addressing any complaint the Claimant may wish to make through its internal grievance procedures.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute. The Court takes the view that the Claimant should, without delay, submit details of his complaints, together with copies of all relevant documents, to the Company. On receipt of the complaint the Company should immediately process it in accordance with the terms of its internal procedures with a view to bringing it to a conclusion within 14 weeks of that date.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
31st July, 2013.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.