LCR21802

1. Due to bullying and harassment the Worker has been unable to work for over eleven months.
2. The Worker's relocation to Kilrush has caused further hardship and financial difficulties due to the significant distance from the Worker's home.
3. The length of time it has taken for the Dignity at Work Policy to implement its procedures is unacceptable.
   
   
   EMPLOYER'S ARGUMENTS:
   

The Worker has been employed as a Band 4 General Operative in St. Camillus Hospital, Limerick since September 2015. He submits that he was the target of verbal bullying by two of his colleagues in the workplace from about April 2017 onwards as a result of which he was forced to take extended sick leave.

The Worker initiated a formal complaint under the HSE’s Dignity at Work Policy by letter dated 4 August 2017. Following the Respondent’s initial screening of the complaint, the Worker initially agreed to engage in a mediation process but subsequently decided he was unable to meet the alleged bullies face-to-face. He, therefore, opted to proceed with a formal investigation of his complaints. That process is ongoing with the final report expected to issue within a number of weeks of the within hearing.

Meanwhile, the Worker was certified fit to return to work. The Respondent offered him a number of options. He chose to accept a position in County Clare. Although the Worker enjoys the work environment in his current position, he is commuting a considerable distance each day and incurring significant expenses in the process. The Worker submits that he has suffered severe financial detriment as a consequence both of his extended sick leave and of the requirement to change his place of work. He is seeking compensation for this financial detriment. He is also seeking redeployment to a position closer to where he resides.

The Respondent submits that it has at all times sought to deal with the Worker’s complaint in accordance with its Dignity at Work Policy and has managed that process as expeditiously as possible. In the meantime, the Worker was supported through his period of absence from work by its occupational health services. He was offered a number of return-to-work options as they were identified but chose to accept the position that had become available in Co. Clare. The Respondent indicated to the Court that it would accept an application for redeployment from Worker and seek to accommodate him in accordance with its normal HR procedures.

Recommendation

The Court recommends that the Parties await the outcome of the independent investigation into the Worker’s complaints. The Court sees no merit in the Worker’s claim for compensation at this point in time. However, once the investigator’s report has issued, and the Parties have had an opportunity to consider its contents and findings, the Worker may wish to make a further application to the Court then.

In the meantime, the Worker should submit a formal written application to the Respondent requesting that he be redeployed to a suitable Band 4 post in Limerick or in some other suitable location proximate to his place of residence. The Respondent should use its best endeavours to facilitate the Worker’s request.

The Court so recommends.

Signed on behalf of the Labour Court



Alan Haugh
JD______________________
16 October 2018Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to John Deegan, Court Secretary.