FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SECURITAS SECURITY SERVICES (IRELAND) LTD (REPRESENTED BY MSS LTD) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-140427-ir-13/EH & r-140438-ir-13/EH.
BACKGROUND:
2. This dispute concerns the Worker's claim that Management failed properly to investigate a complaint of bullying that he made against his Manager. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 16th July, 2014 the Rights Commissioner issued the following Recommendation:-
- "I find that the complaint was properly investigated. I find that this claim should fail."
On the 24th July, 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 18th September, 2014.
3. 1. The Worker was bullied by his manager.
2.The Worker made a complaint of bullying to the Company.
3.The Company did not properly investigate this complaint.
COMPANY'S ARGUMENTS:
4. 1.The Worker made a series of allegations.
2.These allegation was thoroughly and fairly investigated by the Company.
3.The Rights Commissioner's Recommendation should be confirmed.
DECISION:
The issue that was referred to the Rights Commissioner by the Claimant was described on the initiation form as'The Company have failed to properly investigate my complaint of bullying'.Since that was the only matter that was before the Rights Commissioner it is the only matter that can be dealt with by the Court in this appeal.
The Court notes that the Rights Commissioner issued a detailed and comprehensive Recommendation in this case. There is nothing before the Court that could undermine the reliability of the conclusions upon which that Recommendation was based. In these circumstances the Court can see no reasonable basis upon which it could interfere with either the findings of the Rights Commissioner or with his Recommendation.
The appeal is disallowed and the Recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
15th October, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.