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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN POST
(REPRESENTED BY CATHAL MC GREAL B.L., INSTRUCTED BY AN POST) - AND - A WORKER DIVISION : Chairman: Mr Haugh Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. An appeal of a Recommendation of a Rights Commissioner No. r-155410-ir-15.
BACKGROUND:
2. This case is an appeal of a Recommendation of a Rights Commissioner by the Worker. On the 18 August 2015 the Rights Commissioner issued the following Recommendation:-
- “Both sides made substantial submissions on the issue, however following analysis of the information, the claimant had not submitted any formal complaint under the Dignity at Work policy for the company to investigate. In the absence of this complaint having being lodged I see no grounds for proposing that the company conduct any further investigation into the claimants allegations.”
A Labour Court hearing took place on the 6 April 2016 and 11 September 2019.
DECISION :
Background to the Appeal
This is an appeal by Ms Claire Stephen’s (‘the Worker’) from a Recommendation of a Rights Commissioner (r-155410-ir-15, dated 18 August 2015). The Worker’s Notice of Appeal was received by the Court on 14 September 2015. The Court heard the appeal in Galway on 11 September 2019.
The substance of the dispute relates to an allegation of bullying made in 2014 by the Worker against a colleague employed at An Post’s (‘the Company’) Galway Mail Centre. The Rights Commissioner found that the Worker “had not submitted any formal complaint under the Dignity at Work policy” and, therefore, recommended that there were “no grounds for proposing that the company conduct any further investigation into the claimant’s allegations”.
Submissions
In summary, the Company’s submission to the Court is that the Worker did not file a formal complaint under its Dignity at Work Policy and, therefore, there is no basis to the claim she is pursuing in the within proceedings to the effect the Company should have conducted a formal investigation into the allegations she raised against her former colleague.
The Worker submits that she spoke to her line manager, Ms TH, to complain about certain events that allegedly occurred in her place of work on 9 October 2014. She further submits that she was unhappy with the response she received from Ms TH and, therefore, took the matter up with the Trade Union Branch Secretary, Ms MC. Thereafter, it would appear that Ms TH and Ms MC both spoke with a more senior manager (Mr TH) in relation to the Worker’s issues. The Worker then spoke directly to Mr TH.
Decision
Having considered the Parties’ submissions, the Court finds that the Worker has not put anything before it to demonstrate that she progressed her allegations of bullying beyond the Informal Stage provided for in the Company’s Dignity at Work Policy. The key procedural distinction between the informal and formal stages in any Dignity at Work Policy is that the latter involves an investigation but the former does not. In the circumstances, therefore, the Court sees no basis for interfering with the Recommendation of the Rights Commissioner. His Recommendation is, accordingly, confirmed.
The Court so decides.
Signed on behalf of the Labour Court
Alan Haugh
CR ______________________
26 September, 2019 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.