FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WATERWAYS IRELAND - AND - (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Removal of written warning.
BACKGROUND:
2. This case concerns a final written warning imposed against a worker following an allegation of Bullying and Harassment. The Union contends that the investigation into the allegation was flawed and that the warning cannot stand. On the 17th February 2014, the worker referred the matter 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 17th April 2014.
The employer was notified of the date and time of the hearing but did not attend and was not represented.
UNION'S ARGUMENTS:
3 1 The worker was accused of Bullying and Harassment by a colleague. The complaint was made initially on the basis of a small number of incidents that allegedly took place over many years yet never raised any of these issues at the time.
2 The worker strongly refutes that he engaged in repeated inappropriate behaviour towards his colleague. There is no evidence to suggest that there was an intentional campaign of Bullying and Harassment.
3 Management's investigation into the allegation was flawed. The alleged victim did not partake in the investigation process with the exception of attending one meeting and did not engage at all in the appeal process.
RECOMMENDATION:
The Court notes that the employer in this case decided not to attend the Court hearing into this dispute.
Having considered all of the relevant documents submitted to it, the Court finds that the investigation conducted by the Company in this case was flawed and that the findings against the Claimant in this case cannot stand.
The Court accordingly finds that the final written warning issued to the Claimant should be withdrawn.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
9th May 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.