LCR23014

PARTIES:

DIVISION:

SUBJECT:

Bullying Compliant

BACKGROUND:

The Worker referred this case to the Labour Court on 28 March 2024 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.

A Labour Court hearing took place on 16 July 2024.

RECOMMENDATION:

The Worker lodged a claim in relation to a trade dispute with her Employer to the Workplace Relations Commission (WRC) under Section13(9) of the Industrial Relations Act.  The Employer objected to a WRC Adjudication Officer investigating that matter. The Worker subsequently referred a claim to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and so agreed to be bound by the Court's Recommendation.

A hearing of the Court was held on 16 July 2024. 

The Worker asserts that the Employer has failed to effectively address matters relating to a formal complaint of bullying and harassment that she progressed through internal procedures. She submits that the Employer has failed her in terms of the process and in relation to the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2021. She further contends that the Employer has purposely prolonged the process by refusing to attend the WRC adjudication process, and by failing to actively engage with her solicitor.

The Employer’s position is that it declined to attend the Workplace Relations Commission as in its view the matter would be better resolved by mediation between the parties. It acknowledges mediation is a voluntary process for the parties involved. It submits that it regrettable that the matter has been referred to the Labour Court as it is willing to address and seek to resolve the Worker’s issue either directly with her through her representative, or more preferably through the Workplace Relations Commission.

At the hearing the Worker informed the Court that she was unwilling to return to the WRC and in recent days had given notice the employer notice of the termination of her employment.  The Employer said that it remained opened to engaging with the Worker to reach a satisfactory outcome to the current impasse, either through an independent mediation process or with through the Workplace Relations Commission Adjudication Services.

The role of the Court when investigating disputes referred to it under section 20(1) of the Industrial Relations is to hear the parties and set out its opinion on how the matter in dispute between the parties can be resolved. It is not its function to insert itself into investigations into complaints of bullying and harassment. It is unfortunate that in this case the Employer objected to a WRC Adjudication Officer investigating the dispute, when it did, as this has ultimately led to further delays in seeking a resolution to the matter in dispute.

As outlined to the parties at the hearing, the long-standing position of the Labour Court is to uphold agreed and established dispute resolution procedures. In the view of the Court, the parties are best served by fully utilising the established procedures in place.

The Court recommends that the parties return to those procedures and to process the within dispute in line with those procedures.

The Court so Recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
22 July 2024	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.