FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE - AND - A WORKER (REPRESENTED BY PSYCHIATRIC NURSES ASSOCIATION (PNA)) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Decision No(S). ADJ-00017740 CA-00022933.
BACKGROUND:
2.
The matter was referred to an Adjudication Officer for investigation and recommendation. On 12 July 2019 the Adjudication Officer issued the following Recommendation:-
- “The parties should agree a Terms of Reference for appointment of a third party investigation into the Complainant's complaints with an end deadline for the process to be three months from the date of the recommendation.
A Labour Court hearing took place on the 6 December 2019.
DECISION:
This is an appeal by the employer against the Recommendation of an Adjudication Officer Adj-00017740, CA-00022933 in a claim by an employee seeking an independent external investigation into complaints made by her. The claim was made under the Industrial Relations Act, 1969. The Adjudication Officer recommended in favour of the Claimant’s claim and recommended that an independent third party should investigate her grievances and complaints as articulated to the employer on 5th July 2018.
Management appealed the Recommendation on the basis that her complaint was processed in accordance with its Dignity at Work Policy, where it was subjected to a screening process and deemed not to“fall within the scope of the policy for investigation”as the issues raised were primarily work-related matters which were more appropriate for investigation under its Grievance Procedure.
The Union on behalf on the Claimant submitted that as the member of management complained of is at a very senior level, then it sought an external person to conduct the investigation.
Having considered the submissions made, the Court notes that the screening process engaged in was in accordance with the provision of the Dignity at Work Policy, which policy was agreed with the Union. Having found in accordance with that policy, that the Claimant’s complaints should be dealt with under the Grievance Procedures, the Court hereby recommends that the complaints as outlined in the letter from the Union on behalf of the Claimant to the Chief Officer dated 5thJuly 2018, should now proceed fully, without delay, in accordance with the HSE Grievance Procedures.
Therefore, the Court overturns the Adjudication Officer’s Recommendation and upholds the employer’s appeal.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
TH______________________
9 December 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.