The Role of the Secondary Resolution Process in the Local Authority Sector

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The Programme

A new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work, written by the Workplace Relations Commission (WRC) and the Health and Safety Authority (HSA), has been in place since December 2020 (S.I. 674 of 2020, Industrial Relations Act 1990). 

The Local Authority Sector, through the work of the Local Government Management Agency (LGMA), has revised their Dignity at Work Policy to incorporate the changes required to implement the new Code of Practice.      

The aim of this workshop: The Role of the Secondary Resolution Process in the Local Authority Sector,  is to focus specifically on the new informal resolution process of the Dignity at Work process, namely the ‘Secondary Resolution Process’ and how this should be undertaken on behalf of the Local Authority and what the expected outcome should be.  

The informal resolution process now consists of two elements the Initial Informal Resolution Process and the Secondary Informal Resolution Process. The Informal process sits between two legislative processes namely:-  

• The Mediation Process (undertaken in accordance with the Mediation Act 2017)  
• The Formal Investigative Resolution Process

The Secondary Resolution Process is not intended to circumvent established existing processes,  but instead to offer an additional means by which a complaint or stated concern can be considered.    It is intended as a new and additional conflict resolution process or intervention. 

Who is this for?

The Role of the Secondary Resolution Process in the Local Authority Sector will be of specific interest and benefit to those who have been nominated to undertake this role for their Local Authority.  In addition, the workshop will be of benefit to HR Professionals in the Local Authority who are working to support the Dignity at Work process and assess cases coming before them.

The Secondary Resolution Process is a stand alone process which is to a large extent undertaken by skilled internal senior staff with specialist assessment and problem solving skills. In addition to this, advanced conversational techniques are also developed and used to bring the conflict to a conclusion acceptable to all parties which reduces the need to proceed to formal investigation unless deemed absolutely necessary by the Facilitator of the Secondary Resolution Process.

Learning Outcomes

Upon completion of the Role of the Secondary Resolution Process in the Local Authority Sector workshop, participants will have:

• Developed a detailed knowledge and understanding of the Code of Practice (S.I. 674 of 2020) relating to the prevention and resolution of bullying behaviours and the revisions in the Policy.
• A clear understanding  of the essential elements in the role of the Secondary Resolution Process .
• A clear understanding of how to create a ‘reasoned recommendation’ the purpose of which will be to assist the HR Department in deciding the next course of action (if any) for a specific case.
• A clear understanding of independence and the interdependence of the role and the boundaries of the role within the Dignity at Work legislative process.      

Course Content

The Role of the Secondary Resolution Process in the Local Authority Sector Workshop will focus on: 

• Understanding the revisions in the Local Authority Dignity at Work Policy following the implementation of S.I. 674
• Understanding Conflict Escalation Theory and how it can be used to reach resolution 
• Considering Personal Communication Profiles and how they will help or hinder assessment
• Developing critical listening skills and techniques
• Understanding the use and practice of professional conversational techniques
• Understanding the principles of Natural Justice and Due Process as it relates to the role / function
• Assessment of complaints and conflict articulated situations relevant to the scope of Dignity at Work Policy
• Development and agreement of appropriate ground rules to guide the process.
• Preparing ‘a reasoned recommendation’ and understanding its significance in the Dignity at Work process

Assessment

All participating in this workshop will be required to complete a short project to qualify for certification of satisfactory attendance and participation.   The project will consist of drafting ‘a reasoned recommendation’ the deliverable of the Secondary Informal Resolution Process for consideration and review and completeness and benefit to the HR Department.   

Course Leader

The Role of the Secondary Resolution Process in the Local Authority Sector workshop will be delivered by Jim Halley, IPA Associate Specialist and supported by Maebh O’Connor, HRM Specialist.

Jim Halley works extensively in the field of Alternative Dispute Resolution.  He is a Certified Mediator and a member of the Mediators Institute of Ireland.  Jim is an established Alternative Dispute Resolution & Mediation Professional - (Commercial, Construction, Workplace and Community).

Jim has delivered a comprehensive portfolio of complementary alternative dispute resolution services including Mediation, Arbitration, Adjudication, Facilitation and Conciliation since 1996. He has carried out over 500 mediations with the majority of them in Health, Commercial, Construction and Workplace Settings. Jim has delivered numerous arbitrations, employment adjudications and workplace investigations and appeals during his career. All his expertise and efforts are built upon the sound principles of social psychology and an understanding of individuals, groups and their productive development.  Jim has gained an excellent reputation both nationally and internationally for delivering successful outcomes in direct mediation interventions across a wide selection of sectors and settings.   As an IPA Associate Specialist, Jim also delivers on the IPA suite of Mediation and Investigation programmes.  

Maebh O'Connor is a member of the Human Resource Management Training and Consultancy team and prior to this she was a member of the IPA Leadership and Management team.  Maebh works extensively in the field of employee well-being and Dignity at Work and the impact this has on employee motivation and productivity.

Maebh completed the IPA/UCD Professional Diploma in Human Rights and Equality and is a Certified Mediator.  Maebh regularly delivers workshops to Local Authority personnel on Dignity at Work related topics such as the role of the Designated Contact Person or Dignity at Work Awareness of revised policy.