LCR22605

FULL RECOMMENDATION

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

KILKENNY COUNTY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY)

- AND -

5 SIPTU MEMBERS
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

SUBJECT:

1. External Independent Investigator Sought To Investigate Complaints Of Bullying, Harassment And Victimisation For Union Activities

BACKGROUND:

2. The Union referred this case to the Labour Court on 21 February 2022 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 20 May 2022

RECOMMENDATION :

SIPTU, on behalf of five Workers, lodged a complaint to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and the Workers concerned agreed to be bound by the Court's Recommendation.

At the hearing, both parties confirmed to the Court that there are well established procedures in place in this employment to address workplace disputes, including Dignity at Work procedures.

SIPTU submits that it has been forced to avail of a Section 20(1) referral route as the Employer has refused to engage with the complaint, which relates to victimisation, bullying, and discrimination of the workers for engaging in trade union activities. Given the nature of the complaint, SIPTU seeks the appointment of an Independent Investigator to investigate these matters.

The employer submits that it is open to engaging with SIPTU, however, the complaint has been referred to the Court without progression through the established normal industrial relations mechanisms.

Any allegation of bullying, victimisation, or discrimination is a serious matter. The long-standing position of the Labour Court is to uphold agreed and established dispute resolution procedures, and the Court expressed its concern to the parties about the manner in which such a serious complaint has come before the Court by way of a Section 20(1) complaint. The Court regards it as an undesirable practice for a party that has established dispute resolution procedures in an employment to resort to using s.20(1) before those procedures are exhausted.

The Court notes the assurance given by the Employer at the hearing to co-operate with the utilisation of existing procedures in respect of the within compliant and to expedite those matters in a timely fashion. The Court, in all the circumstances, recommends that the parties return to their established procedures and process the within claim through those procedures, up to and including a referral to the Court if that is so necessary.

The Court so recommends.

NOTE

Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.