LCR22037

FULL RECOMMENDATION

CD/19/14

DECISIONNO.LCR22037

ADJ-00010976 CA-00014539-003/004

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

SLONECZKO LIMITED TRADING AS BREADSKI BROTHERS
(REPRESENTED BY PATRICK J. DURKAN & CO, SOLICITORS)

- AND -

A WORKER
(REPRESENTED BY LORRAINE LALLY, B.L., INSTRUCTED BY GERALDINE COSTELLO, SOLICITORS)

DIVISION :

Chairman: Ms O'Donnell
Employer Member: Ms Connolly
Worker Member: Mr McCarthy

SUBJECT:
1. An appeal of an Adjudication Officer's Recommendation No. ADJ-00010976.

BACKGROUND:

2. This case is an appeal of an Adjudication Officer’s Recommendation by the Worker. On the 21 November 2018 the Adjudication Officer issued the following Recommendation:-

“Having carefully considered the documentary evidence presented, I am satisfied that Section 3 of the Respondents Company Handbook contains policies on (a) Personal Harassment Policy Procedure, the Respondent and (b) Bullying Prevention.

As has already been stated above, I find that the Respondent dealt with the Complainant's complaint of bullying and harassment, of 5 December 2016, in a prompt an appropriate manner.
Consequently, this element of the Complainant's claim is not well founded and is, therefore, not upheld.”.

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 31 December 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30 May 2019.

DECISION:

It is the Worker’s case that she made a bullying complaint to her Employer which was not addressed and that her Employer did not have an appropriate policy.

It is the Employer's position that they do have a policy which is contained in the Handbook which the Workers acknowledges she received. Her complaint was received in the run-up to Christmas which is a very busy time so there was a short delay. The Employer appointed an external person to carry out the investigation and some but not all of he Worker’s complaints were upheld. A number of recommendations were made in the report which the Employer is moving to implement.

The Court having carefully considered the submissions of the parties finds that the Employer does have policies in place to deal with Bullying and Harassment and that the Employer investigated her complaints in line with same. On that basis the Worker's appeal must fail. The Decision of the Adjudication Officer is upheld. The Court so decides.

Signed on behalf of the Labour Court

Louise O'Donnell
CR______________________
3 July, 2019Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.