INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
K.E.G. SECURITIES TRALEE LTD
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Alleged bullying.
2. This dispute concerns a complaint by the Worker that the Company did not conduct a proper investigation into his allegation that, while working as a security guard at the Limerick Regional Hospital, he was bullied by his supervisor. After making the complaint the Worker was transferred to the Limerick Regional Maternity Hospital, which resulted in a loss of earnings as a result of a reduced working week. The Worker was later transferred back to the Limerick Regional Hospital where he was again under the direct supervision of the same supervisor. The Worker was not satisfied with the way his bullying complaint was dealt with by the Company. On the 15th January 2007, the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 27th February 2008. The Union agreed to be bound by the Court's Recommendation.
3. 1. The bullying complaint was not investigated in a timely and impartial manner.
2. The Worker himself was not interviewed by the Company during its investigation.
3.The Worker suffered financial loss as a result of his being transferred to another site with a reduced working week.
4. 1. The Company investigated the bullying complaint in a timely and impartial manner.
2.The Worker was separated from his supervisor and transferred to another site where he suffered no financial loss. The Company interviewed the supervisor and was satisfied with his answers. The Worker was then transferred back to his original site.
3.This was the Company's first and only experience of dealing with a bullying complaint. The security industry is a male-dominated, stressful place to work.
Having considered the submissions of the parties the Court is of the view that the Worker's complaints of being bullied should be investigated by an external investigator.
On acceptance of this recommendation the Court will, at the request of either party, nominate a suitable person. The cost associated with the investigation should be borne by the Company.
Signed on behalf of the Labour Court
7 March, 2008.______________________
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.