FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LAOIS COUNTY CHILDCARE COMMITEE - AND - A WORKER DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Claim of unfair treatment.
BACKGROUND:
2. This dispute concerns the Worker's claim of unfair treatment. The Worker referred this case to the Labour Court on 21st July, 2015, 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 10th November, 2015. The Employer declined to attend the hearing.
WORKER'S ARGUMENTS:
3. 1.The Worker has suffered ongoing harassment, intimidation and bullying for over two years.
2. The safety and health of staff have been compromised due to being overworked and stressed.
3.The Board has put the organisation at risk due to a litany of inappropriate measures.
RECOMMENDATION:
This is a referral under Section 20(1) of the Industrial Relations Act, 1969. The Claimant has worked as co-ordinator of the Laois County Childcare Committee for 13 years. The Employer was not represented at the hearing of the Labour Court. The Employer did communicate in writing with the Court.
The Claimant gave to the Court an extensive account of incidents and events which she stated have caused her great difficulty in her employment.
The Court has been made aware that a range of initiatives have been taken to investigate and mediate the issues which are central to this case. Those interventions have not secured a resolution of the issues involved. The Court is of the view that engagement is the only viable means to address the issues arising in this case. The Claimant continues to be employed by Laois County Childcare Committee and the Board structure of that organisation is settled. In those circumstances any resolution of the issues before the Court will necessarily involve the normalisation of the relationship between the Claimant and her employer. The Claimant has set out to the Court that her ambition is to carry out her job in an environment free from harassment, intimidation and stress.
The Court recommends that the parties should jointly request the Advisory Service of the Workplace Relations Commission to facilitate an engagement between the parties to review their relationship and to put in place appropriate procedures and protocols for the operation of the relationship.
Signed on behalf of the Labour Court
Kevin Foley
CO'R______________________
4th December 2015Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.