ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000266
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00000406-001 | 23/10/2015 |
Date of Adjudication Hearing: 02/02/2016
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I wish to submit for investigation the following formal grievances against the Institute under the Institutes of Technology Procedures for the Resolution of Grievances/Disputes: 1) The circumstances surrounding and manner in which my complaint of bullying against a colleague has been conducted and addressed by the Institute subsequent to the issue of the findings of the independent external investigation which had overwhelmingly upheld that complaint. 2) The circumstances surrounding and justification for my being denied any access, direct or indirect, to the most senior manager’s office, apparently under legal advice, since October 2014 including with reference to my direct management roles and responsibilities. 3) The circumstances surrounding and manner in which the capital works project, Refurbishment of FLAB & Blocks C&D, was conducted leading to the most senior manager’s email of 30th June 2015 and the resulting material delays and associated costs attaching to that project. 4) The manner in which the H&S review arising from the recommendations of the independent external investigation has been progressed and conducted by the college. 5) The circumstances surrounding and the manner in which the term contract of a senior manager has been extended. 6) That the colleague has materially failed in its duty of care to myself under section 8(2) (b) of the Health and Safety at Work Act 2005 in neglecting to put in place appropriate measures to protect my personal health and safety in a timely and reasonable manner. 7) Appeal of the conclusions and contents of the most senior manager’s letter of the 7th September 2015 in connection with the Dignity at Work investigation with relation to my bullying complaint against my colleague of 25th June 2014 as had been overwhelmingly upheld by formal independent external investigation. The above grievances (1) to (6) whilst separate are, I believe, interrelated and materially relevant to my appeal of the most senior manager’s review of the conclusive findings of the independent external investigation of my complaint against my colleague under the Institute’s Dignity at Work policy (7). These grievances concern, but are not limited to, working environment, decision of others, compliance with Institute policies and procedures, compliance with due process, best practice, natural justice and fair procedure. |
Recommendation
At the outset of the hearing , the parties sought an adjournment to allow for the appointment of an external mediator with a view to facilitating a resolution of the dispute through a mediated process.
I have now been furnished with the mediation agreement and it is appended to this recommendation.
Under Section 13 of the Industrial Relations Acts , 1990 , I recommend that the parties implement and observe the terms of the mediation agreement.
Dated: 11th August 2016