FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HILLQUARTER INVESTMENTS LIMITED TRADING AS THE LANSDOWNE HOTEL (REPRESENTED BY JONES, SOLICITORS) - AND - A WORKER (REPRESENTED BY DONNERY TIERNEY, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Procedures regarding bullying and harassment.
BACKGROUND:
2. This case concerns a claim by a Worker of bullying and harassment against her former Employer.
The Employer wholly rejects the suggestion that bullying or harassment took place.
On the 20th November 2012 the Worker referred the dispute to the Labour Court 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 the 27th February 2012.
WORKER'S ARGUMENTS:
3. 1. The allegations of bullying and harassment were submitted by the Worker to the Directors of the Company in relation to numerous incidents.
2. Instead of dealing with the allegations and appointing an independent person to investigate the complaints, the Employer did not provide the Worker with any work and asked her to leave the premises.
3. The fact that the Worker was not allowed to go back to work after making the complaints constituted bullying.
EMPLOYER'S ARGUMENTS:
4. 1. The General Manager worked very hard to encourage and help the Worker understand how the Hotel operates.
2. A two-hour meeting was held with the Worker to try to resolve the matter.
3. The Worker unilaterally chose to resign her position while the Employer was trying to operate the Grievance Procedure.
RECOMMENDATION:
The Court has carefully considered the submissions of both parties to this dispute.
The Court finds that in all the circumstances there is limited merit in the Worker’s case and recommends that the Employer pay her compensation in the sum of one thousand euro (€1,000) in full and final settlement of the dispute.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
CR______________________
28th March, 2013Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.