SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
A THIRD LEVEL INSTITUTION
- AND -
(REPRESENTED BY TEACHERS UNION OF IRELAND)
3 The grievance relates to the employer’s failure to exercise its duty of care to the member, by
In respect of three specific forms of redress sought by the Worker:
The Court notes that the Worker suffered behaviour that was most inappropriate, by any definition, and the Court acknowledges his understandable distress and hurt. In this regard, the Court notes that the Employer indicated at the hearing that they were willing to issue an apology. The Court recommends that they do so at the earliest opportunity.
The Court notes also that the Employer re-stated, at the hearing, its commitment to provide a safe place of work for all its employees. This, of course, includes those who are subject to unacceptable behaviour. The Court recommends that the Employer should continue to take all reasonable steps to ensure maximum safety for its employees at all times and to handle any complaints, if they arise, in a timely and sensitive fashion.
Stage 4 of the employer’s agreed Grievance Procedure requires the use of the Workplace Relations Commission. The Court notes that the Employer declined to attend adjudication at the Commission but indicated a willingness to attend mediation. At the very least, this is a breach of the spirit of the Employer’s own procedure. The Court expects that, in the interests of good industrial relations, all parties will operate agreed processes to the fullest extent possible in any future cases.
The Court recommends that this matter be brought to a close on the basis set out above.
Enquiries concerning this Recommendation should be addressed to Noel Jordan, Court Secretary.