Health Service Executive (Represented by Byrne Wallace) v A Worker (Represented by Clare Bruton, B.L., Instructed by Hayes, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 12 December 2018
• Judgment citation (vLex): [2018] 12 JIEC 1202
• Date: 12 December 2018
• Docket Number: FULL RECOMMENDATION DECISION NO.LCR21854 ADJ-00012682 CA-00016253-001
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

CD/18/310

DECISION NO.LCR21854

ADJ-00012682 CA-00016253-001

PARTIES:

Health Service Executive (Represented by Byrne Wallace)

and

A Worker (Represented by Clare Bruton, B.L., Instructed by Hayes, Solicitors)

DIVISION:

Chairman: Mr Geraghty

Employer Member: Mr Marie

Worker Member: Ms Tanham

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. An appeal of an Adjudication Officer’s Recommendation no ADJ-00012682.

BACKGROUND:

2 2. This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On the 28 August 2018 the Adjudication Officer issued the following Recommendation:-

“…. I find that the Respondent has complied fully with its Policies and Procedures and that the Investigators also complied fully with their Terms of Reference in how they conducted and finalised their report. I do not find in favour of the Complainant in relation to any of his complaints. I recommend that the Complainant, if he has clinical management issues should refer any complaint to the appropriate professional body to adjudicate on these clinical management issues.”

3 The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 8 October 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4 A Labour Court hearing took place on the 5 December 2018.

DECISION:

Background

5 The Complainant is a General Practitioner specialising in substance abuse. In 2011 complaints of bullying were made about the Worker by another doctor and the Worker also made complaints against this other doctor. Following considerable engagement between the Worker and the Employer, including the involvement of the then Labour Relations Commission, Terms of Reference were agreed for an investigation and two external investigators were appointed. The agreed Terms of Reference broadened the normal scope of the Employer’s Dignity at Work processes to include reference to the identification and clarification of ‘..the clinical management issues which are reflected in the complaints and responses…’ The Investigators issued their report in August 2017. This report upheld the complaints against the Worker and did not uphold his complaints against his colleague.

6 The Worker challenged the findings of the Investigators and asserted that the Investigators had failed to take account of the clinical management issues and, therefore, had failed to comply with the agreed...