FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GREEN ISLE FOODS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr McGee Employer Member: Mr Doherty Worker Member: Mr Nash |
1. Appeal of Rights Commissioners Recommendation No. R-034014-Ir-05/Jt
BACKGROUND:
2. This case concerns an appeal by the worker of Rights Commissioners Recommendation No. R-034014-Ir-05/Jt. The issue concerns bullying in the work place. It is the workers contention that while in the employment of Green Isle Foods, he was continually and systemtically bullied by both management and co-workers.
Complaints of bullying against co-workers were, the claimant contends, dealt with quickly and resolved. It is the claimants position that complaints of bullying against management were not satisfactorily investigated or concluded. It is also alleged that these incidents resullted in the worker experiencing health problems, which continue to-date.
Management's position is that it acted appropriately at all times in relation to the alleged incidents and that all complaints were dealt with in a fast and efficient way in the interest of all parties. Management claim that the health issues were in existence prior to the alleged occurrences and that everything was done to assist the worker in receiving the necessary medical treatment.
The dispute was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on 2nd August, 2006 and found that the Company had acted in a fair reasonable and compassionate manner in relation to the complaint.
On 24th August 2006, the worker appealed the Rights Commissioners Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 6th February, 2008.
UNION'S ARGUMENTS:
3 1 The worker was repeatedly subjected to bullying in the workplace. These occurrences were not dealt with in the appropriate way by management. As a result the worker has experienced serious health problems.
2 Independent investigations into the incidents have concluded that the worker was subjected to bullying and harassment. The Union (on behalf of the worker) is seeking the appointment of an arbitrator to assess damages to the worker and for appropriate compensation to be paid.
3 The worker, in order to achieve closure on these difficult issues, requires an acceptance by management that he was treated inappropriately by them.
COMPANY'S ARGUMENTS:
4 1 At no time did managment bully or harass the worker in question. Complaints against co workers were investigated and appropriate action taken.
2 Management continued to pay the worker, while out sick, well in excess of entitlements under the Company Sick Pay Scheme. It also paid for necessary medical treatment out of genuine concern for his health and well being. These are not the actions of managment who would mistreat its staff.
3 The Rights Commissioner found, following a thorough investigation, that the Company acted compassionately and appropriately in relation to the entire matter. This view is accurate and totally accepted by management.
DECISION:
In the view of the Court, it is essential that this long-running and difficult case be brought to finality at the earliest date in the interest of all parties.
The Court accordingly recommends that Mr Michael Cahill BA LLB, who has previous knowledge of the matter, be appointed as an arbitrator to assess outstanding matters in regard to the questions of damages and expenses and that his findings should be accepted by the parties in full and final settlement of the claim.
Signed on behalf of the Labour Court
Raymond McGee
3rd March 2008______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.