FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GAS NETWORKS IRELAND TRADING AS ERVIA (REPRESENTED BY ARTHUR COX, SOLICITORS) - AND - A WORKER DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms O'Donnell |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00001074.
BACKGROUND:
2. This case concerns a claim of bullying and harassment.
This matter was referred to an Adjudication Officer for investigation and Recommendation. The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on the 21 September 2016 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 8 March 2017.
DECISION:
The Court has given careful consideration to the written and oral submissions of both parties to this dispute.
The Court finds that the matters in dispute should be resolved as follows:-
1.The Company should undertake to investigate, through its Anti-Bullying & Harassment Policy procedures, the Claimant’s complaints of bullying and harassment that were outlined to Management in correspondence dated the 9thof May and the 27thof November 2014.2.The Complainant should commit to co-operating fully with the investigation established under that Policy for that purpose.
3.The Parties should seek to jointly agree an independent investigator to carry out the investigation. Should that not be possible the parties should, no later than 14 days after the date of this Decision, so notify the Court and request it to nominate an investigator to carry out the investigation and report in accordance with the terms of the Anti-Bullying & Harassment Policy in place in the Company.
The Court so decides in full and final settlement of this dispute.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
14th March, 2017Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.