FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AN EMPLOYER - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Bullying / Grievances
BACKGROUND:
2. On the 13th September 2012 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 28th March 2013.
The Union agreed to be bound by the Court’s Recommendation.
RECOMMENDATION:
Further to the Court hearing of the claim submitted under Section 20(1) of the
Industrial Relations Act,1969, held on 28thMarch 2013,the Court herebysets out the
agreed process for resolution of this claim.
Having read the submissions of both parties the Court came to the view that in order
to bring a resolution to the matters in dispute, an agreed facilitation process was
required. Both parties to the dispute agreed with the Court's suggestion and
proceeded to agree and draw up terms of reference for the facilitated process.The
agreed terms of reference are as follows:
1. "Bullying and harassment complaint of a Worker (A) about another Worker (B) - 8th
April 2012
2.Companyprocedures leading to the imposition of first and final warnings on
the Worker (A)on 13thFebruary2012 and 30thMarch 2012."
The Court recommends thata 'named person'should act as Facilitator for this
process, which should be conducted as soon as possible and becompleted byno
later than 30thApril 2013.The 'named person'maybecontacted at a phone number byboth
parties to make the necessaryarrangements.The Employer will payFacilitator'scosts.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd April, 2013______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.