FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BON SECOURS HOSPITAL (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer's Decision ADJ-00013584
BACKGROUND:
2. The case before the Court concerns the Worker's appeal ofAdjudication Officer's Decision ADJ-00013584. The dispute relates specifically to the Worker's claim that she was treated in an inequitable manner by her Employer following its alleged failure to investigate complaints raised by the Worker. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 11th October 2018, the Adjudication Officer issued his recommendation as follows:
"In order to avoid any confusion or misunderstanding, the Complainant firstly has the obligation to provide the Respondent with a formal written statement of detailed complaint prior to an investigation process commencing. This must be shared, by the Respondent, with the person whom the allegations are made against to ensure proper and fair procedure.
I then recommend that the parties mutually agree a third-party investigator to complete an investigation into the claims made by the Complainant and subject to due process this investigation should be completed within two months of the date of receiving the written complaint and its findings made known to the parties also within that time frame. I see no further role for the Adjudicator to make any further recommendation to the claims, especially the one relating to compensation, as the investigation process has not been completed and both parties appear to have contributed, for valid reasons, to the delay in getting the investigation process completed".
On the 21st November 2018 the Union on behalf of its member appealed theAdjudication Officer's Decisionto the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 3rd July, 2019. 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.
It is clear that an allegation of bullying or harassment is a very serious matter and the gravity associated with such a complaint is reflected by the existence in in this employment of a clear policy and written procedures.
The parties are disagreed as regards the proceedings at an informal meeting between the Complainant and the Respondent on 16thAugust 2017. Following on from that meeting the parties disagreed as regards participation in informal procedures to resolve the matter albeit the Respondent did take the step of re-rostering the Complainant to avoid co-rostering with the alleged perpetrator. In addition, the Respondent engaged informally with the alleged perpetrator. However, the existence of disagreement as regards the use of informal procedures took some time to resolve.
The Respondent, in September 2017, agreed with a proposition that the matter should be formally investigated. The Trade Union then proposed that the matter would be investigated by an external investigator. Such an investigation is not provided for in the written policies of the Respondent.
A disagreement then obtained for a period of time as regards the question of internal versus external investigation. That matter was resolved on 23rdFebruary 2018. However, the within dispute was referred to the Workplace Relations Commission on 6thMarch 2018 and no investigation of the complaint underpinning the Complainant’s allegation of bullying has taken place in the intervening period. This is a most unsatisfactory situation.
At the hearing of the Court the parties indicated their agreement to an investigation at this time. In those circumstances the Court recommends that the allegation of bullying made by Complainant in July 2017 should now be investigated by the external party who had been selected by agreement on 23rdFebruary 2018. The investigator should be asked to make contact with both parties as soon as possible and to conduct his investigation in a manner which keeps both parties appraised of progress at all times.
The decision of the Adjudication Officer is varied as set out above.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
17th July 2019______________________
SCChairman
NOTE
Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.