FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST MARYS COLLEGE (REPRESENTED BY CATHY MAGUIRE INSTRUCTED BY MILLETT & MATTHEWS SOLICITORS) - AND - A WORKER (REPRESENTED BY GILVARRY & ASSOCIATES) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Recommendation No(s). r-148839-IR-14
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Worker. On the 19 July 2018 the Adjudication Officer issued the following Recommendation:-
- "I recommend that the services of a workplace conflict resolution specialist to be engaged with a view to exploring and resolving the conflict between the parties. The brief of the appointee should extend to determining if the differences between the parties are irreconcilable - in such an event, I recommend that consideration be given to seeking expressions of interest in a severance package negotiated between the parties."
DECISION:
The Court has given careful consideration to the written and oral submissions of the parties. The trade dispute before the Court is founded on the Claimant’s contention that she had been bullied in her employment and her contention that her employer had not responded appropriately when she raised that matter with the Chairman of the Board of Management.
The Court notes the alignment between the Dignity at Work Policy of the employer and the content of S.I. 17 of 2002 – Code of Practice detailing procedures for addressing Bullying in the Workplace. The Court, as it is obliged to do by the terms of the Industrial Relations Act, 1990 at Section 42(4), takes the content of that Code into account in its consideration of the within Trade Dispute.
The Court notes that the Claimant’s allegation of bullying has been investigated by an independent investigator nominated by the Claimant and the report of that investigation has been accepted by the employer but not by the Claimant. The Court considers that it would be inappropriate in considering this trade dispute for it to embark upon a re-investigation of the complaints which have already been investigated and that neither is it appropriate for the Court to undertake a review the substance of the report of the investigator.
The Court takes particular note of the fact that one of the individuals involved in the events which gave rise to the complaint of bullying has left the employment upon retirement. The Court also notes the statement of the Claimant that no current events in the working environment are of concern albeit she remains disappointed with what she sees as the failures of the Board of Management to address the concerns which gave rise to her complaint to the then Labour Relations Commission in September 2014.
In all of the circumstances the Court recommends that the industrial relations matter at issue should be regarded by the parties as closed and that both parties should commit to ensuring a respectful working environment which underpins the dignity of all workers and individuals into the future.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
1 April 2019Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.