INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
WESTERN CARE ASSOCIATION
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner's Recommendation No: r-147017-ir-14/EOS
2. This case is an appeal of Rights Commissioner's Recommendation No: r-147017-ir-14/EOS. The issue concerns an investigation into a Dignity at Work complaint and the fact that an investigator into the complaint had issued a report prior to the issuing of the previous Rights Commissioner's Recommendation. The Union is seeking a newly appointed investigator to re-open the investigation to allow the worker to actively participate in the process. Management contends that the previous investigator is willing to consider any points the worker wishes to make on the issues and if necessary the report can be amended.
The matter was referred to a Rights Commissioner for investigation. A Recommendation issued on the 9th January 2015. The Rights Commissioner recommended that the worker participate in the process and have his perspective and observations fully considered by the original investigator.
On the 17th February 2015 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 15th April 2015.
3 1 The Union is seeking that a different investigator be appointed and that a new investigation be carried out into the specifics of the worker's complaint. The Union does not consider it appropriate to have the worker engage with the previous investigator on the issues in circumstances where a report has already been issued.
4 1 There has already been significant costs and delays in this process. Management fully agrees that this matter can be brought to a satisfactory conclusion if the worker engages with the investigator on his concerns and the investigator can then consider if there are any changes to be made to his report.
It is in the interests of all parties that this matter be brought to finality. The investigation proceeded without the participation of the Claimant, by his own choosing. A facility now exists by which the investigator is prepared to consider any input that the Claimant wishes to make and to review his findings in light of that input.
The Court can see no reasonable basis upon which it could be concluded that the investigator cannot reach a fair and an objective conclusion having reviewed his earlier findings against whatever input that the Claimant wishes to make. In these circumstances the Court believes that the recommendation of the Rights Commissioner sets out the most appropriate course of action by which this matter can now be brought to finality.
Accordingly the Court affirms the recommendation of the Rights Commissioner and disallows the appeal.
Signed on behalf of the Labour Court
8th May 2015______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.