INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
ONE 51 PROTECH PERFORMANCE PLASTIC
(REPRESENTED BY ONE 51 PROTECH PERFORMANCE PLASTIC)
- AND -
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
2. The case before the Court concerns the Worker's claim that the Company failed properly to investigate his complaint of bullying. The Worker referred this case to the Labour Court on 10th December, 2014, 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 2nd April, 2015.
3. 1. The Employer has failed to properly investigate complaints of bullying raised by the Worker.
2. The Worker is seeking the intervention of an independent third party to carry out an investigation into the complaints he has raised.
In the course of the hearing agreement was reached between the parties in the following terms: -
1. The company will issue the Claimant with a copy of the draft findings of an investigation into his bullying complaint.
2. The Claimant will be afforded with an opportunity to comment on the draft findings.
3. Following consideration of the Claimant’s comments on the draft findings a final report will issue.
4. If the matter remains unresolved at that stage an independent person will be appointed to mediate in the dispute. In the first instance the parties will seek to agree on a mediator and in default of agreement the Court will make a nomination.
It is agreed that the process referred to above will be completed within one month from the date of the hearing.
While the matter before the Court relates to one individual worker, the Company informed the Court that in so far as others have similar issues the process referred to which be applied to them also.
Signed on behalf of the Labour Court
27th April 2015______________________
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.