INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Hayes
Employer Member: Ms Cryan
Worker Member: Mr McCarthy
2. The case before the Court concerns a complaint by the Claimant in relation to his former Employer's alleged failure to properly deal with complaints of bullying behaviour raised by the Claimant during the course of his employment with the HSE. The Claimant was employed by the HSE from December 1979 to December 2012, when the Claimant retired from his General Operative position. In March 2013 the Claimant lodged a complaint with the Rights Commissioner Service of the Labour Relations Commission. The Employer was invited to attend a hearing however the Employer conveyed its objection to such an invitation on the grounds that the Claimant was no longer an employee of the HSE. On foot of the Employer's objection the Claimant on 4th July 2013 referred his dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 25th November, 2013. A further hearing took place on 22nd May, 2014. The Claimant agreed to be bound by the Recommendation of the Court.
The Court considered the written submissions of both parties to this dispute.
The Court finds that the Claimant left his employment by way of retirement in accordance with the terms of the Superannuation Scheme on 10 December 2012. In the normal course of events the retiring worker, unless express provision to the contrary is made at that time, is deemed to have entered a nolle prosequi in respect of all claims outstanding at the date of the termination of the employment. In this case the Claimant did not, at the time of his retirement, except any claims from this general arrangement. However in March 2013 he filed a complaint with the Rights Commissioner in respect of issues that arose during his employment with his former employer and sought to progress them through the industrial relations procedures. The HSE objected to a Rights Commissioner's investigation into the complaints for stated reasons. The Claimant then referred the matter to this Court under Section 20(1) of the Act.
The matter came before the Court on 14 March 2014. The Court adjourned to allow both parties make supplementary submissions. The Court revisited the matter in June 2014 and decided that a further hearing was not necessary and that the matter could be dealt with on the basis of the submissions alone.
Having considered the submissions in detail, the Court finds that, as the Claimant did not raise the matters formally with his employer while in employment or make provision for the processing of the complaint as part of the terms of his retirement from the HSE, the claim is ill conceived and is without merit.
The Court so recommends.
Signed on behalf of the Labour Court
17th June 2014______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.