LCR21854

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 8 October 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on the 5 December 2018.

DECISION:

Background

The Complainant is a General Practitioner specialising in substance abuse. In 2011 complaints of bullying were made about the Worker by another doctor and the Worker also made complaints against this other doctor. Following considerable engagement between the Worker and the Employer, including the involvement of the then Labour Relations Commission, Terms of Reference were agreed for an investigation and two external investigators were appointed. The agreed Terms of Reference broadened the normal scope of the Employer’s Dignity at Work processes to include reference to the identification and clarification of ‘..the clinical management issues which are reflected in the complaints and responses…’ The Investigators issued their report in August 2017. This report upheld the complaints against the Worker and did not uphold his complaints against his colleague.

The Worker challenged the findings of the Investigators and asserted that the Investigators had failed to take account of the clinical management issues and, therefore, had failed to comply with the agreed Terms of Reference. The relevant senior management representative of the HSE confirmed, in accordance with a requirement of the Employer’s Dignity at Work policy, that the Investigators had complied with the relevant Terms of Reference. The Worker sought to appeal this determination and the Employer responded that they would not conduct an investigation into an investigation.

The Worker referred the matter to the WRC under Section 13 of the Industrial Relations Act 1969.

The Adjudication Officer’s Recommendation statedinter alia ‘…I find that the Respondent has complied fully with its Policy and Procedures and that the Investigators also complied fully with their Terms of Reference…’.

The Worker appealed this finding to the Labour Court.

Preliminary Issues

The Court had received correspondence on behalf of the Worker which suggested that the Worker had concerns as to whether the Court was the appropriate forum to deal with the issues in this case.

The Court drew to the attention of the Worker’s representative that this case was an appeal by the Worker and sought confirmation that the Worker wished the appeal to go ahead. This confirmation was given.

The Worker’s submission suggested that the Adjudication Officer of the WRC had a conflict of interest as one of the Investigators appointed to investigate the complaints was an Adjudication Officer of the WRC also. The Employer stated that this was known at the time of the WRC hearing but the Worker’s representatives had only raised the matter after the Adjudication Officer’s finding had issued. In any event, the Court noted that this case was referred under Section 13 of the Industrial Relations Act 1969. This section allowed for an appeal of an Adjudication Officer’s decision. The particular complaint of conflict of interest would apply to any Adjudication Officer and thus, if it was accepted, would preclude the Court from hearing the matter before it. Furthermore, the Court noted that it had no role in the management of the WRC. These points were accepted by the Worker’s representative.

Recommendation

Having reviewed extensive documentation and having heard well argued submissions from both parties, the Court is satisfied that the Employer went beyond their normal procedures to accommodate the concerns of the Worker in drafting Terms of Reference for a Dignity at Work investigation and that, otherwise, the Employer followed their own procedures fairly and thoroughly at all stages. The Court is satisfied also that the Investigators carried out an extensive investigation and complied in full with their Terms of Reference.

The Worker’s appeal fails.

The Recommendation of the Adjudication Officer is varied accordingly.

Signed on behalf of the Labour Court



Tom Geraghty
CR______________________
12 December, 2018Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.