LCR22721

1.Appeal of Adjudication Officer Decision No(S) ADJ-00032987 CA-00043664-001

BACKGROUND:

2.The Worker appealed the Adjudication Officer's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.

The Adjudication Officer had issued the following Recommendation:

"That in accordance with its usual and established processes of engagement with the trade unions/staff representatives, the Respondent review its Grievance Procedures and Dignity at Work policies in accordance with the revised Code of Practice on how bullying should be prevented and managed in the workplace–as per Statutory Instrument No. 674/2020; That the Respondent engage with the trade unions/staff representatives in order to proactively address what practical supports and assistance can reasonably be put in place to support persons who have been bullied in the workplace and to identify appropriate training for line managers in that regard."

A Labour Court hearing took place on 17 February 2023.

DECISION:

The dispute before the Court relates to a complaint from a worker in relation to how her employer handled her complaints of bullying.

The Worker asserts that she was subject to bullying by her supervisor and another colleague over a number of years. Her initial efforts to raise the matter informally were ignored, and she was threatened with retaliation. The Worker submits that her health was impacted, resulting in her absence due to work-related stress for a prolonged period. Once she submitted formal complaints in 2019, her employer appointed an external investigator. The external investigator upheld the complaint of bullying by her supervisor. The complaint of bullying against another colleague was not upheld, but a finding of inappropriate behaviour on the part of that colleague was made.

The Worker is critical of management’s failure to address her complaints at an earlier stage. She asserts that once the independent investigation report issued, management made no effort to discuss the findings with her nor to support her in her return to work. Her requests for alternative working arrangements were declined and she had to work alongside the two colleagues who were the subject of her complaint.

The Employer’s position is that all matters raised by the Worker have been addressed. Local management engaged with the Worker about the outcome of the investigation report and no issues were raised. Her requests for alternative working arrangements could not be accommodated at that time, as the healthcare system was in crisis due to Covid-19 and extensive staffing issues.

The Court has carefully considered the written and oral submissions of the parties.

The Court notes that the matter was dealt with promptly by the Employer once a formal complaint was lodged by the Worker. An externally appointed investigator upheld the Worker’s complaint that she was subjected to bullying behaviour by a superior and inappropriate behaviour by a colleague. The investigator found that it was a matter for the Employer to consider appropriate next steps.

The Employer informed the Court that it had addressed the matter with the employee concerned. The Court notes that the Worker is no longer required to work alongside her former superior as she has moved to another job within the Hospital and the other colleague has since retired.

The Court was advised that a full review of the Dignity at Work policy and procedures has now concluded as part of an overall integration project which will combine three hospitals under one group. The rollout of training on the operation of the updated policies has commenced and is well underway.

The Court accepts that the significant staffing challenges faced by the Employer during the height of the Covid-19 pandemic may have restricted its ability to accommodate specific requests made by the Worker on her return to work from sick leave. However, it is clear that the Worker’s view is that no efforts were made to ease her return to work, and that in circumstances where there were two findings of bullying and inappropriate behaviour, the overall manner in which her employer dealt with her complaints was inadequate.

The Court has listened carefully to the submissions made by both parties. Complaints of bullying are a serious matter that can have wide ranging effects on all parties concerned.In the view of the Court, the Employer’s engagement with the Worker in relation to the outcome of the investigation report and her return to work was lacking in this case and fell short of what ought to be expected of a good employer. Where a complaint of bullying is upheld, and another bullying complaint results in a finding of inappropriate behaviour, it is incumbent on an employer to ensure that there is adequate engagement about what practical supports or assistance can reasonably be put in place to support that person in the workplace.

The Court notes that the matters raised by the Worker in this regard are now largely resolved.

Taking account of the particular circumstances of this case, the Court recommends that the Employer pay the Worker a sum of €2,500 compensation in full and final settlement of this matter.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
NCL	______________________
6 March 2023	Deputy Chairman