LCR22522

1. Appeal Of Adjudication Officer Decision No. ADJ-00030339 CA-00039863-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 24 September 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 16 December 2021.

DECISION :

This is an appeal by SIPTU on behalf of a Worker of an Adjudication Officer’s Recommendation ADJ-00030339 relating to the investigation of a bullying complaint.

The Adjudication Officer found that an investigator appointed to investigate the Worker’s complaint was independent in their appointment and took account of recent case law and legislative updates in their finding and recommendation. The Adjudication Officer recommended that the parties accept the investigators finding and have meaningful engagement to finalise a Bullying policy in line with the update Bullying Code of Practice.

SIPTU appealed that recommendation on behalf of the Worker.

The Court has given careful consideration to the oral and written submissions of the parties.

The matter before the Court relates to the investigation of a bullying complaint. The complaint was the subject of an unsuccessful mediation process and, subsequently, a formal investigation conducted by an independent external investigator.

The investigator did not find in favour of the Worker’s complaint of bullying and made a general recommendation, outside of the report’s formal findings, that the services of a facilitator be utilised to deal with trust issues in the workplace and to make a ‘fresh start’.

The Worker rejected the investigator’s findings and appealed the matter to the organisation’s internal dispute resolution body. The Worker seeks that the Court uphold the recommendation of that body which recommended that the investigator reissue his report within the agreed terms of reference.

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. Taking account of the particular circumstances of this case, the Court is of the view that the most appropriate mechanism for dealing with the issues raised at the hearing is through the implementation of the investigator’s recommendation and the updating of the organisation’s Respect for Others in the Workplace Policy which is currently under review. At the hearing, both parties noted their agreement with such an approach.

The Court decides that management should implement the investigator’s recommendation, as set out in his final report, and that the parties should engage to agree a revised policy, within an 8-week timeframe, that reflects the updated Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work and recent caselaw.

The Court so Decides.

	Signed on behalf of the Labour Court
	Katie Connolly
CC	______________________
December 2021	Deputy Chairman