FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN BUS (REPRESENTED BY MAIREAD CAREY B.L.; AS INSTRUCTED BY CORAS IOMPAIR EIREANN (CIE) SOLICITORS) - AND - A WORKER (REPRESENTED BY TERRY GORRY & CO SOLICITORS) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's RecommendationADJ-000011079.
BACKGROUND:
2. The case before the Court concerns the Employer's appeal ofAdjudication Officer's Recommendation ADJ-000011079.The dispute relates specifically to the Worker's claim that the Employer failed to adequately implement findings of a report which emanated following complaints of bullying she formally raised in relation to a colleague. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 3rd May 2018 the Employer appealed the recommendation of the Adjudicator to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 1st June 2018. The following is the Decision of the Court:
DECISION:
This matter came before the Court by way of an appeal brought by Dublin Bus (‘the Company’) against a Recommendation of an Adjudication Officer (ADJ-000011079, dated 13 April 2018) under section 13 of the Industrial Relations Act 1969. The substance of the Complainant's complaint to the Adjudication Officer was that the Company hadn’t adequately implemented the findings and recommendations of a report into certain allegations of bullying she had made against a work colleague. The Adjudication Officer upheld that complaint and recommended as follows:
- “… I recommend that the Respondent review the findings of the Report of June 2016 and act on it as recommended by the Investigator. I further recommend that the Respondent pay the Complainant compensation of €5,000.00 within 14 days of the date of this Recommendation due to the ongoing situation where the Complainant continues to feel intimidated and uncomfortable at work”.
Background Events
The Worker made a formal complaint of bullying and harassment against a named colleague, using the Company’s Dignity at Work Policy, in January 2016. The Company appointed an investigation team which then carried out a detailed investigation of the Worker’s complaints. The Worker’s allegations were upheld in a report published by the investigators in June 2016. The perpetrator of the bullying and harassment was thereafter subject to a disciplinary sanction of two weeks’ suspension without pay. A final written warning was also placed on his file. He unsuccessfully appealed against those sanctions. Some months after his return to work following his period of suspension, the perpetrator voluntarily sought and received a transfer from the depot in which he and the Worker had been employed. The Worker continues to work in that depot and informed the Court that her situation has much improved and she is quite satisfied in her work.
Recommendation
Having considered the Parties’ detailed submissions, the Court finds that the Company dealt with the Worker’s complaints of bullying and harassment appropriately and acted on the recommendations of the investigators’ report in a responsible and comprehensive manner. The Court, therefore, sets the Adjudication Officer’s Recommendation aside and upholds the Company’s appeal.
The Court so decides.
Signed on behalf of the Labour Court
Alan Haugh
8th June 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.