FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NORTH MONASTERY CBS (REPRESENTED BY BDM BOYLAN SOLICITORS) - AND - A WORKER (REPRESENTED BY BYRNE WALLACE SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Recommendation ADJ-00010462.
BACKGROUND:
2. The Claimant appealed the Recommendation of the Adjudication Officer to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 12th September, 2018. The following is the Decision of the Court:
DECISION:
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes that a written Dignity at Work policy containing a procedure for dealing with complaints of Bullying or Harassment is in place in the respondent school. That procedure provides for informal and formal mechanisms to deal with complaints as they might arise.
The within matter arises from the Claimant’s dissatisfaction with the execution of an investigation carried out under the Dignity at Work policy employed by the Respondent to deal with a complaint of bullying made by a party not before the Court. The Claimant in the within matter has submitted that the Court should set aside the investigation.
The Court recognises the significance of the matters underlying the within dispute and the remedy sought by the Claimant. The Court has, correctly in terms of the within dispute, not had the benefit of the views of the party who made the complaint which gave rise to the investigation. The Court has been advised that the impugned investigation report has been accepted by the Respondent school and the party who made the complaint of bullying.
In all of the circumstances, and having regard to the rights of all parties involved in the underlying complaint of bullying, the Court concludes that it would be inappropriate to intervene in the Respondent school’s written procedure before that procedure has been exhausted. The Court is fortified in that view by the fact that the impugned investigation arose as part of a procedure which was committed to by parties including but not confined to the parties currently before the Court.
For the above reasons the Court upholds the decision of the Adjudication Officer
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
4th October 2018______________________
SCChairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.