FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ATHLONE INSTITUTE OF TECHNOLOGY (REPRESENTED BY ARTHUR COX, SOLICITORS) - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Allegation of bullying and harassment.
BACKGROUND:
2. The case concerns a claim by the Claimant that he was bullied and harassed in the workplace. The Employer said at a hearing before the Equality Tribunal on the 30thJune 2015 the same set of facts was raised and the decision of the Tribunal is awaited.
On the 4th June 2015 the Claimant 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 8th September 2015.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and relates to allegations of bullying and harassment. The Court notes that a case has also been submitted to the Equality Tribunal based on the same set of facts. On the basis that the case under the Employment Equality Acts 1998 – 2011 takes precedence over the provisions of the Industrial Relations Acts, the Court is of the view that there is no merit in progressing the case under the Industrial Relations Acts at this point and informed the parties to that effect.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
22nd September, 2015.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.