FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Recommendation No: ADJ-00006935.
BACKGROUND:
2. This case concerns a claim by the Worker seeking that an investigation be carried out into her bullying complaint.
The matter was referred to an Adjudication Officer for investigation and Recommendation. On 30 November 2017 the Adjudication Officer issued the following Recommendation:-
"The Respondent should offer a letter of comfort to the Complainant in respect of her reporting position and a compensatory sum of €2,000 in return for agreement that the dispute is settled."
The Union on behalf of the Claimant appealed the Adjudication Officer's Recommendation to the Labour Court on 5 January 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on 13 July 2018.
DECISION:
Background to the Appeal
This is the Worker’s appeal from a Recommendation of an Adjudication Officer (ADJ-00006935, dated 30 November 2017) under section 13 of the Industrial Relations Act 1969. The Worker’s appeal from that Recommendation was received by the Court on 5 January 2018. The Court heard the appeal in Dublin on 13 July 2018.
The Worker is employed as a Multi-Task Attendant in the catering department at Portlaoise Hospital. She works as a member of a sixty-five-person team. The within dispute relates to the manner in which her employer, the Health Service Executive (‘the Respondent’) investigated and dealt with a number of incidents involving the Worker, her supervisors and colleagues. The incidents in question occurred in 2012, 2014 and 2015. The Adjudication Officer upheld the Worker’s complaints in part while acknowledging that the Respondent had tried as far as possible to address her concerns, albeit initially in a tardy fashion. The Adjudication Officer recommended that the Respondent offer the Worker compensation of €2,000.00 and provide her with a Letter of Comfort in respect of her reporting arrangements.
The Respondent informed the Court that it accepts the Adjudication Officer’s Recommendation in full. The Worker, however, is seeking additional compensation for the manner in which she was treated by management. She is also seeking a retrospective investigation into her complaints of bullying.
Discussion
The Court notes that changes have occurred recently in the reporting structures in place in the Catering Department in which the Worker is employed. As a Multi-Task Attendant, the Worker now reports the Catering Officers (of whom there are two in situ). In their absence she reports directly to the Catering Manager. The Respondent exhibited to the Court a draft Letter of Comfort detailing the Worker’s current reporting arrangements, as recommended by the Adjudication Officer.
The Court is of the view that the incidents the Worker wishes to have investigated are now too remote in time to be usefully reopened having regard to the changes in personnel that have occurred in the intervening period. The Court further notes that the Worker accepts that she received her full-entitlements under the Respondent’s sick-pay scheme during any period of sick leave related to the historical incidents. Accordingly, the Court sees no basis for the claim advanced on the Worker’s behalf for an increase in the monetary awarded recommended by the Adjudication Officer.
Recommendation
The Court upholds the Adjudication Officer’s Recommendation in full.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
30 July 2018______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.