Complainant

Respondent

Anonymised Parties

Senior Lecturer

3rd.Level College

Representatives

Aidan Kenny Teachers' Union of Ireland

Tony McDonagh

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00011642-001

30/05/2017

The claimant was aggrieved with the manner in which the respondent and its officials processed and managed a dignity at work complaint that was made against him . He was aggrieved with the employer’s response to the investigation and submitted that he was adversely affected by what was described as unfair and reasonable treatment which interfered with his work practise and duties and damaged his reputation. The respondent set out a chronology of the events and exchanges involved in the management of the complaint which was first lodged with the respondent in April 2014.

In the course of the hearing , the parties indicated that they were amenable to entering into further discussions with a view to resolving the dispute on the basis of an acceptable formula of words that would be documented in an exchange of correspondence between the parties. The parties indicated that it had not been possible to reach a settlement on the matter of compensation which was being sought by the union on behalf of the claimant for the distress arising from the delays in managing and processing the complaints against the claimant. It was agreed that a recommendation on what compensation if any should be awarded would be put on hold pending the outcome of the settlement talks. In January 2018 , the TUI notified the WRC that all matters with the exception of the matter of compensation had been resolved to the satisfaction of the claimant.

I have reviewed the evidence presented at the hearing and noted that the complaint was first lodged in April 2014 , that the investigation   report issued on the 16th.Nov.2015 , that a meeting took place with the respondent in Feb. 2016 to address the claimant’s concerns about the process and the employer’s response to the report , that the respondent undertook to respond to the claimant within 2 weeks of that meeting and that that response issued to the TUI on the 27th.April 2017.

Investigations of Dignity at Work complaints are by their very nature   harrowing on all parties – any delays can compound the distress arising for an aggrieved party.I note that the respondent was unable to advance a compelling explanation for the duration of the investigation and for the protracted delay in responding to   the issues raised by the claimant at the meeting in February 2016.I found the claimant’s evidence of the distress arising for him as a result of these delays to be credible and compelling. Accordingly , I am satisfied that compensation is appropriate and I am recommending in full and final settlement of this dispute that the respondent pay the claimant €6,000 compensation within 4 weeks of the date of this recommendation. This recommendation is based on the unique circumstances pertaining to this dispute and should not be relied upon by either party at any other forum.