LCR22748

1.Appeal Of Adjudication Officer Decision No(s)ADJ-00036028 CA-00047246-001

BACKGROUND:

2.The Employer and the Worker appealed the Adjudication Officer’s Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. On 8 December 2022 the Adjudication Officer issued the following Recommendation:
"I recommend that the parties engage in local negotiations to decide which procedure should be followed, Dignity at Work or Grievance procedure, and if agreement cannot be reached the parties should engage in mediation to resolve this matter.’
A Labour Court hearing took place on 5 May 2023.

Summary of Worker arguments

• The Worker submitted a comprehensive complaint under the Employer’s Dignity at Work policy.
• A preliminary screening determined that not one of the numerous examples cited fell into the definition of bullying.
• The Worker sought to appeal this but the Employer has no facility for such an appeal.
• The Worker was advised that her line manager could request another HR colleague to screen the complaint. Her line manager opted not to do so.
• The Worker is seeking a preliminary screening by an independent third party.

• The Worker’s complaint was processed in line with the agreed policy. It does not provide for an appeal.
• The screener set out reasons why the complaints did not meet the definition of bullying and identified other options available to the Worker, noting that some matters raised were collective in nature. The Worker chose not to process her issues in the manner suggested.
• The person against whom complaints were made is no longer in the employment and it would not be possible at this stage to carry out an investigation.
• While it is accepted that there was a delay in issuing the outcome of the process, there was no significant breach of procedure by the Employer.

As in the previous case, the agreed procedure was followed, the Worker was advised of other processes such as mediation and the grievance procedure through which her concerns could be addressed but she chose not to avail of them and the person against whom a complaint was made has left the employment.

In all the circumstances, the Court concurs with the previous Recommendation and sees no value in the appointment of another person to review this Worker’s complaints.

The Worker’s appeal fails. The Employer’s appeal is upheld.

The Recommendation of the Adjudication Officer is set aside.

	Signed on behalf of the Labour Court
	Tom Geraghty
DC	______________________
17 May 2023	Deputy Chairman