FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LIMERICK CITY & COUNTY COUNCIL - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Marie Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer's Recommendation No. R-140027-IR-13/GC.
BACKGROUND:
2. The case before the Court concerns the Worker's appeal ofAdjudication Officer's Recommendation No. R-140027-IR-13/GC.The dispute relates specifically to the Worker's claim that his Employer failed to properly investigate claims of bullying and harassment raised by him. Furthermore it is the Worker's contention that he was subjected to disciplinary sanctions as a result of having raised an internal grievance. The Employer rejects the Worker's claim. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 16th November 2015 the Rights Commissioner issued her recommendation as follows:
"I have considered the Claimant's contention that "Limerick City Council have refused to investigate my bullying complaint and to take appropriate steps to ensure the bullying of me does not continue". I note the difficulties and delays which occurred at the start of the period where the Claimant made his complaint. I note the Council wished for the issue to be dealt with through the grievance procedure, and the Claimant's wish to have it dealt with through the Dignity at Work policy, and ultimately the appointment and conclusion of the report from the external investigator. All of this took some time. However, it did not amount to a refusal by the Respondent to investigate and I do not uphold this complaint".
On the 21st December 2015, the Worker appealed the Recommendation of the Rights Commissioner to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 14th April, 2016. The following is the Decision of the Court:
DECISION:
The Court has considered the submissions of both parties to this dispute.
The Court was told that a recent restructuring that has taken place in the Council has resulted in a change in the Complainant’s duties and reporting relationships. These new arrangements appear to be working well for both sides.
Both parties told the Court that they are now anxious to take this as an opportunity to build a more constructive employment relationship. The Court favours that approach.
The Court notes that there is an amount of money that remains in dispute between the parties. The Court was told that the amounts totals circa €1,300.
Noting the desire of both sides to put these matters behind them, the Court, without apportioning blame, recommends that the Council pay the Claimant €1,150 in full and final settlement of this dispute and that the parties move on to build a new and productive employment relationship into the future.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
15th June 2016______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.