FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE (REPRESENTED BY BYRNE WALLACE, SOLICITORS) - AND - A WORKER (REPRESENTED BY MICHAEL FINUCANE, SOLICTORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-135437-ir-13/SR.
BACKGROUND:
2. The Claimant commenced employment with Our Lady of Lourdes Hospital, Drogheda Co. Louth in 2001 as a Social Worker. The dispute involves a claim of bullying by the Worker against her Manager. The HSE set up a review in 2007 and in 2013 commenced a second investigation into forty randomly selected social work case files in order to test her professional competence after allegations suggesting that her lack of skill could compromise the wellbeing of her patients. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 6th November 2013, the Rights Commissioner issued his Recommendation as follows:-
"I recommend that the current investigation continue to its conclusion and that the Claimant fully co-operate with it and avails of the opportunity afforded by it to defend herself against the allegations against her. I so recommend"..
On the 16th December, 2013 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969.
A Labour Court hearing took place on the 13th March, 2014.
WORKER'S ARGUMENTS
3. 1. The particulars of the allegations made against the Worker have not been provided to her. The lack of process and ongoing delays caused by HSE has caused the Worker unnecessary distress.
2. The ongoing suspension is unlawful and has resulted in her not being able to restore her professional reputation and her good name.
EMPLOYER'S ARGUMENTS
4. 1. The HSE invoked it's disciplinary procedure on foot of the Practice Review Report following on from an allegation that" her practice competence is not of the required standard for a professionally qualified Social Worker within a hospital setting".
2. Management hope to conclude the current investigation in the near future which depends on the Worker co-operating and engaging with the newly formed investigation team
DECISION:
The Court has carefully considered the submissions of both parties to this appeal.
The Court finds that the current situation is neither desirable nor sustainable and must, in the interests of all concerned, be brought to a conclusion as a matter of urgency.
Accordingly, the Court takes the view that the Claimant should immediately engage with the investigation that is currently under way. Thereafter the Investigating Committee should report within eight weeks of the date of this Decision.
On delivery of the Report an independent person, nominated by the Court, should be appointed to review the origin, development and management of this matter to date and should, within eight weeks of the date of appointment, outline the steps to be taken to bring it to a conclusion.
Both sides should, without precondition, co-operate fully with the independent person.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
7th May, 2014______________________
JFDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to John Foley, Court Secretary.