FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KERRY PARENTS AND FRIENDS ASSOCIATION (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY HELEN O'CONNOR BURKE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-142887-ir-14/POB.
BACKGROUND:
2. The Complainant has worked in various roles for Kerry Parents and Friends Association since June 2002. During a fundraising event on 23rd February 2011 an incident occurred which has led to an ongoing dispute between the parties. A number of attempts by Management to restore normal relations within the workplace have failed to reach a solution to the satisfaction of all the parties.
The matter was referred to a Rights Commissioner for investigation and recommendation. On the 27th June, 2014, the Rights Commissioner issued his Recommendation as follows:-
"The Respondent should appoint an independent third party (The Reviewer) to conduct a review of the events of the last three years and how they have contributed to the current poor working relationship between the Claimant and her line management. The Reviewer will examine what was to change between line management and the Claimant in the future so that the Claimant can come to work and conduct her duties in a normal manner.
The recommendations of the Reviewer will be implemented by both parties with their best intentions and support. The parties will accept this process with the intention of returning to a normal work situation".
On the 11th July 2014 the Employer and on 6th August 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 31st October, 2014.
WORKER'S ARGUMENTS:
3. 1. A proper workable policy on the Prevention and Management of Bullying & Harassment needs to be implemented with the assistance of an HR professional.
2. Any unfounded information or data currently on the Association's computer system should be removed in order to restore her good name.
3. An external Reviewer should be commissioned to investigate all issues of her complaint from February 2011 to the present date.
EMPLOYER'S ARGUMENTS:
4. 1. The Claimant has had ample opportunity to raise her issues in February 2011 but did not fully supply them to Management until September 2012.
2. Management has consistently and repeatedly asked the Claimant to engage in a mediation process but she has been unwilling to do so to date.
3. Management has at all times attempted to act fairly and reasonable according to its own internal procedures with the Claimant and other staff members.
DECISION:
The issue before the Court is a joint appeal of a Rights Commissioner’s Recommendation by both the Claimant and the Employer which concerned a claim by the Claimant relating to the outcome of an investigation into complaints made by her concerning her treatment within the Organisation since 2011.
An investigation conducted in accordance with the Association’s policies found that there was a significant breakdown in communications between the Claimant and her work colleagues and the management of the Organisation and recommended that a skilled and experienced mediator should mediate between the parties, a review of policies and procedures should be carried out and a review of the Organisational Chart and Job Descriptions should be conducted.
The Rights Commissioner recommended the appointment of an independent third party to,inter alia, conduct a review of the events that contributed to the poor working relationship between the Claimant and her line Management and consider what changes are required so that the Claimant can have the support of line Management. Both parties appealed this Recommendation.
Having considered the submissions made by both parties the Court is of the view that the Organisation’s procedures have been exhausted and sees no value in a further investigation being conducted. In its approach to this case the Court's primary objective is to facilitate the Claimant and Management in restoring a viable employer / employee relationship and in putting the various occurrences and issues in dispute behind them. Therefore, the Court recommends that the parties should 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 a normal working relationship can be restored.
Upon acceptance by both parties of this Recommendation they should confirm their acceptance when the Court will proceed to make the nomination.
The Rights Commissioner’s Recommendation is varied accordingly.
Signed on behalf of the Labour Court
Caroline Jenkinson
28th November, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.