FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CORK COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Appeal of a Rights Commissioner's Recommendation R-129252-IR-12/JOC.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal of Rights Commissioner's Recommendation R-129252-IR-12/JOC. The dispute relates to the Worker's claim that the Employer has failed to properly investigate a number of complaints raised by him during the course of his employment. The Employer rejects the Worker's claim and agreement could not be reached.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 9th December 2013, the Rights Commissioner issued his recommendation as follows:
"Recommendation:
1. The respondent carry out a full formal investigation into the allegations made by the Claimant from 26th June 2011 to present.
2. As a gesture of goodwill the respondent pay the Claimant €3,000".
On the 17th January, 2014 the Worker appealed the Rights Commissioners Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 9th April, 2014.
WORKER'S ARGUMENTS:
3. 1. The Worker has previously raised a number of complaints pertaining to alleged incidents of bullying and harassment carried out against him over a twelve year period.
2. The Worker contends that the Employer has failed to investigate his complaints wholly and adequately.
3. The Worker is seeking compensation as a result of the stress endured over the course of his employment.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer asserts that it has investigated the issues raised by the Worker insofar as it possibly could.
2. The Employer maintains that it has offered to discuss the most recent complaints raised by the Worker and is more than willing to do so.
3. The Employer contends that it was not possible to fully investigate all of the issued raised by the Worker given the historical nature of the complaints and the passage of time.
DECISION:
Having carefully considered the submissions of both parties to this dispute the Court concludes that the parties should agree an independent person to
- undertake an investigation into the complained of incidents of alleged bullying and harassment that occurred on or after 27 May 2010 that are set out in the Complainant’s letter of 26 June 2012.- make any relevant findings regarding those incidents
- make recommendations as to manner in which those findings should be dealt with and the issues complained of brought to a conclusion.
All parties should fully co-operate with the investigation.
The process should be concluded within four months of the date of this decision.
The Rights Commissioner’s Recommendation is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
28th April 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.