FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal of Rights Commissioner's Recommendation r-139058-ir-13/EH.
BACKGROUND:
2. This dispute arose from the Worker's dissatisfaction with an independent third party investigation into complaints made by him under the Council's 'Respect & Dignity At Work Policy'. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 8th April, 2014 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the [Council] appoint a Senior Director to review the appeal ... then issue a written determination [which] is a binding determination on both parties and that the matter is then deemed concluded."
On the 30th April, 2014 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 25th June, 2014.
3. 1. The Worker is anxious to bring this matter to a conclusion.
2.The Worker does not have confidence in the impartiality of any Senior Director.
3.The appeal should be carried out by an independent person to be nominated by the Labour Court.
COUNCIL'S ARGUMENTS:
4. 1.The Council complied fully with its own policies and procedures.
2.The Worker declined mediation.
3.The Council accepted the Rights Commissioner's Recommendation in an attempt to bring this matter to a conclusion.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation concerning his application for an appeal of an independent third party investigation into complaints made by him under the Council’s“Respect & Dignity At Work Policy”.The Rights Commissioner recommended that an internal review of the Claimant’s appeal and the documentation should be conducted by a Senior Director whose determination on the matter should be binding and conclusive on both parties. The Union appealed the Recommendation and sought a review of the investigation by a person nominated by the Court who is independent of the employer.
Having considered the submissions of both sides the Court notes that there was no suggestion that the independent third party investigation carried out under the Council’s policy was not conducted in a procedurally correct manner nor that the principles of natural justice were not adhered to. It was agreed and accepted that the procedures adopted in this instance were directly in line with the“Respect & Dignity At Work Policy”and in accordance with the agreed terms of reference. On that basis the Court can see no reason to recommend that a further review should take place.
The Court notes that the Claimant has been employed with the Council since 2007. He has recently transferred work locations and in his opinion working relations have improved. The Court is of the view that to assist in bringing closure to this issue the Claimant should be assisted by the making of the services of the Staff Welfare Office available to him.
In all the circumstances of this case the Court varies the Recommendation of the Rights Commissioner, accordingly. The Court does not find in favour of the Union’s claim for a further independent review to be conducted.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
26th June, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.