ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00039955
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Health Service Provider |
Representatives | SIPTU |
|
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Acts, 1969 |
| 27/10/21 |
Date of Adjudication Hearing: 29/08/2022, 16/12/2022, 20/03/2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker submits her line manager failed to honor commitments following her redeployment |
Summary of Worker’s Case:
The worker submitted that despite various requests to management and despite many promises by failed to pay her monies that she was promised with regard to mileage.
The worker submitted that it was unreasonable how her requests were dealt with and that despite the employer’s assurances that she would not financially be impacted she found herself at a loss owing to false promises by her manager. It was submitted the worker was treated unreasonably, that there was lack of engagement and failure by the employer to follow through on promises. The worker raised a grievance on 27/01/21 and her grievance at Stage II was not upheld on 11/05/21 and her Stage III grievance was not upheld on 27/07/21. |
Summary of Employer’s Case:
It was submitted that the employer did all they could to accommodate the worker including assisting her in furthering her career, giving her appropriate breaks and acting upon medical advice. It was denied that the employer had promised the worker mileage as she was not eligible for the additional mileage that she sought under the employer’s policy. The employer submitted that the worker has been treated the same as all other workers and that the employer heard her grievances in a timely manner and could not uphold her grievances in line with their procedures.
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Findings and Conclusions:
Parties had to be reminded that this is a dispute submitted under the Industrial Relations Acts, 1969.
The worker submits that her employer failed to act in a timely manner to deal with her complaints following redeployment and submits that grievances were raised but not properly investigated. The employer submits that they have done all that they could to deal with the matter at a time when Covid created a challenging time for them.
Having heard all the submissions from parties and taking into consideration the unique circumstances of the dispute including what appeared to be failures at times by local management to respond to the worker’s concerns but also noting the challenging environment which existed during Covid, I award the worker €500.
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Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Having heard all the submissions from parties and taking into consideration the unique circumstances of the dispute, including what appeared to be failures at times by local management to respond to the worker’s concerns but also noting the challenging environment which existed during Covid, I award the worker €500. |
Dated: 01/02/2024
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redeployment, industrial relations |