LCR20484

The Worker agreed to be bound by the Court’s Recommendation.


WORKER'S ARGUMENTS:

3. 1. The Complainant was subjected to continuing and repeated inappropriate abuse culminating in her being accused that due to her pregnancy she was both "emotional and hormonal", which caused the Complainant such distress that she left work on 'work-related-stress' sick leave.

2. The internal investigation and Report have established that the alleged inappropriate behaviour took place over a period of time. The redeployment role options made available to the Complainant by Management were not suitable given the specialised nature of her job in the Occupational Health Service. The Complainant should be restored to her original position forthwith.


MANAGEMENT'S ARGUMENTS:

4. 1. The issue was dealt with under the jointly agreed 'Dignity at Work Policy' for the Health Services. An investigation took place and a Report was published, the delay in this process is regrettable but was caused by factors outside of the control of Management.

2. All reasonable efforts were made by Management to deal with the complaints of bullying and harassment. All avenues of resolution were offered to both parties such as mediation, conflict resolution/facilitated talks and finally a formal investigation.

RECOMMENDATION:

The issue before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns the alleged lack of progress by the HSE in dealing with the Claimant’s complaints of bullying and harassment by a colleague. The Claimant was employed as a CNM II in Tullamore Hospital when she made her complaints.

A formal complaint was made on 9^thJune 2009 under the “Dignity at Work Policy” and an investigation commenced in October 2009 but could not be completed for reasons outside the control of the HSE. A second investigation commenced April 2011 which came to a halt for similar reasons in October 2011 and a third and final investigation commenced in May 2012 which was finalised in October 2012.

The findings of the final investigation held that the alleged behaviour took place. It found that it was repeated inappropriate behaviour which undermined the Claimant’s dignity at work and accordingly the complaint of bullying was upheld by the investigator. In its conclusions, the report found that, as the working relationship between the Claimant and her colleague had been badly affected, the possibility of regaining trust had been lost and therefore appropriate support should be given to the Claimant.

Due to the difficulties encountered and while the investigation was progressing, in July 2012 the Claimant had relocated to a different position as a Community Health Nurse in Portlaoise. The Claimant now seeks to be restored to the previous position she held in Tullamore Hospital, confirmation of her position and status as a CNM II and compensation for the additional mileage and time involved in her commute to Portlaoise.

Having considered the submissions made by both sides and examined the investigator’s Report, the Court is satisfied that the Claimant’s complaints have been fully vindicated and accordingly the Court recommends that she should be restored to the CNM II position she previously held in Tullamore Hospital as soon as possible but in any event no later than 22^ndApril 2013. Furthermore, in lieu of the additional mileage and time involved in her commute to Portlaoise, the Court recommends that she should be given a total of two extra weeks’ additional annual leave phased over two annual leave years i.e.:-

• 
  •One extra week’s annual leave in the leave year 2013/2014

• 
  •One extra week’s annual leave in the leave year 2014/2015.

The Court so recommends.

Signed on behalf of the Labour Court



Caroline Jenkinson
12th March, 2013______________________
JFDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.