FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DONEGAL COUNTY COUNCIL (REPRESENTED BY LGMA) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-141181-ir-14/SR.
BACKGROUND:
2. This dispute arose from the Employer's decision to end its investigation of the Claimant's bullying and harassment complaint. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 9th May, 2014 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the Employer complete the investigation of the formal complaint ... and issue the outcome of that investigation."
On the 9th June, 2014 the Employer 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 September, 2014.
3. 1. There was an unacceptably long delay in processing the Worker's complaint.
2.The Worker was not informed that his acceptance of voluntary retirement would have any impact on his complaint.
3.The Employer's duty of care to the Worker did not cease with his employment.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker made a formal complaint under the Employer's Dignity at Work Policy.
2.The Employer commenced an investigation into the Worker's complaint.
3.The Employer's investigation went into abeyance once the Worker terminated his employment.
DECISION:
This is an appeal by the Council against a Rights Commissioner’s Recommendation which found in favour of the Claimant’s claim that an investigation into a bullying and harassment complaint should be re-activated and brought to conclusion. The investigation terminated due to the Claimant leaving the employment on a voluntary redundancy scheme.
The Council informed the Court that the independent investigator appointed to conduct an investigation into the allegations decided to cease the investigation based on legal advice as the Claimant would no longer be employed by the Council. The Court notes that in response to a request by the Claimant for an extension to his employment in order to have the investigation completed, the Council agreed to the extension for a period of three months and put the investigator on notice. However, the Claimant opted not to avail of the extension granted and left the employment.
In such circumstances the Court is satisfied that the Claimant was afforded the opportunity to have the investigation brought to conclusion and accordingly, upholds the Employer’s appeal.
Therefore, the Rights Commissioner’s Recommendation is overturned.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
15th October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.