FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BROTHERS OF CHARITY SERVICES, GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Recommendation of a Rights Commissioner r-131245-ir-13/MH.
BACKGROUND:
2. The Brothers of Charity Services provide a wide range of services to children and adults with an intellectual disability. Currently the Service employes over 950 staff in 120 centres throughout Galway. The case concerns allegations of bullying and harassment plus a complaint regarding the undue delay in procedures leading to unfairness in the report into the matters complained of. Management rejects the allegations in their entirety.
The issue involves a claim by a Worker. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 2009, the Rights Commissioner issued his Recommendation as follows:-
"In coming to a recommendation in this case, I should while noting that the claimant insisted on conjoining his complaints point out that such a practise is in my opinion somewhat unsafe. Having said as much, I find that the report as presented to the parties in the circumstances of the herein case is a reasonable one, which deals adequately and reasonably with the complaints raised. The suggestion that recommendations would issue in an effort to reach conclusion was in my opinion a good one.
In these circumstances I am not in a position to make a recommendation as petitioned, although I do strongly recommend that the claimant engage with the process suggested by the investigator".
On the 26th November, 2013 the Worker appealed the Rights Commissioner's 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 29th April, 2014.
WORKER'S ARGUMENTS:
3. 1. The actions of Management have effectively halted the Claimant's career progression.
2. Due to the flawed nature of the investigation the case should be re-opened and the entire process started anew.
COMPANY'S ARGUMENTS:
4. 1. The Report of the Investigator was comprehensive and acceptable and not flawed as alleged by the Claimant.
2. There are no grounds to overturn the Rights Commissioner's Recommendation.
DECISION:
Having carefully considered the extensive written and oral submissions in this case the Court finds that the Claimant has not advanced a basis upon which the Court can set aside the findings of an agreed Investigator and decides accordingly.
The appeal is not allowed. The Decision of the Rights Commissioner is affirmed.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
20th June, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.