FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN EMPLOYER (REPRESENTED BY LK SHIELDS SOLICITORS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Bullying and harassment.
BACKGROUND:
2. The case concerns the Worker's claim that she was bullied and harassed in the workplace. The Company claims that the allegations were investigated fully and that no wrongdoing was discovered. On the 3rd February 2014 the Worker referred the 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 15th May 2014.
WORKER'S ARGUMENTS:
3. 1. The Worker was bullied by her supervisor.
2. The Worker reported this bullying to the Company.
3.The Company failed to deal effectively with the Worker's complaint.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker raised a formal grievance under the Company’s Dignity at Work Policy on the 24th October 2012.
2. An Investigator was assigned to consider the allegations and the Worker’s complaints were not upheld.
3. The Worker appealed the decision and found that the investigator’s management of the investigation was full and thorough and in line with best practice.
RECOMMENDATION:
In the course of the hearing the Claimant informed the Court that for reasons, which she explained, she does not wish to resume her employment with the Company.
In these circumstances the Court recommends that the parties agree to the appointment of an independent facilitator nominated by the Court for the purpose of assisting the parties to reach agreement on acceptable terms under which the Claimant can depart from the employment.
Signed on behalf of the Labour Court
Kevin Duffy
12th June, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.