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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN EMPLOYER
- AND - A WORKER DIVISION : Chairman: Mr Geraghty Employer Member: Ms Doyle Worker Member: Mr Hall |
SUBJECT:
1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00024221 CA-00030863-001
BACKGROUND:
2.
1. The Worker alleged that he was bullied and harassed by his line manager and that this had caused him to be absent from work on sick leave since January 2018.
2. The Employer stated that an independent investigation had not upheld the Worker’s complaint. The Employer believed that they had acted fairly and reasonably in all dealings with the Worker.
3. This matter was referred to an Adjudication Officer who had not upheld the Worker’s complaint
The Worker referred the matter to the Court under s. 13 (9) of the Industrial Relations Act 1969.
The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 20 January 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 13 March 2020.
DECISION :
Recommendation
The Court is not in a position to reinvestigate the Worker’s complaint of bullying.
However, the Court believes that it would be in the best interests of both parties for them to engage with a view to reaching a mutually acceptable outcome regarding the workspace accommodation to be provided to the Worker.
The Court urges both parties to approach this engagement in a positive manner with the clear intention of ensuring a positive outcome.
The Court urges both parties to put past events behind them and to take all possible actions to ensure that the previously positive Employer/Worker relationship is restored.
Signed on behalf of the Labour Court
Tom Geraghty
NJ ______________________
20 March 2020 Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Noel Jordan, Court Secretary.