ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00004796
Complainant
Respondent
Anonymised Parties
Customer Service Representative Vs A Communications Company
Representatives
Complaint(s):
A Union Representative
An Employer Representative
Act
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
CA-00006625-001
23/08/2016
Date of Adjudication Hearing: 18/05/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Location of Hearing: The Radisson Blu Hotel, Limerick
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was suspended pending and investigation which eventually concluded she the allegation was unfounded.
Summary of Complainant’s Case:
The Complainant was unfairly suspended.
The Complainant was not given proper access to all relevant documents.
The Complainant did not get any Terms of Reference for the Investigation.
The Complainants warning were ill founded and commenced at inappropriate dates.
The Complainant was the subject of an Investigation arising unfairly out of another investigation.
The same individuals conducted both Investigations.
The highest possible standards were not applied to the investigation into the serious allegation of gross misconduct, which proved unfounded.
The Complainants suspension and period of suspension were too harsh and unnecessary.
Summary of Respondent’s Case:
The Respondent had to investigate the serious complaints received.
The Complainant was paid fully during the suspension and Investigation.
The Respondent got an Independent Mediator to see can the dispute be resolved.
The Complainant received fair procedure and was represented by her Union Official at all times.
The sanctions imposed were reasonable at the time.
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Complainant was suspended with pay for a period of approximately nine months. The allegations made against her were proven to be unfounded. The Complainant has suffered an unwarranted period of time where she was under suspicion of an act which was unfounded. She was the subject of unwarranted social isolation as a result of the investigation. She also was given a written warning and then reduced to a verbal warning after her appeal. None of the warnings commenced on the date of the alleged incident. The Investigation took an extraordinary length of time to conclude. The Complainant was not given a copy of the Terms of Reference for the investigation at the start of the process and the process itself not only set out to investigate the facts but also to determine if disciplinary action was appropriate, this in itself was an unusual start to the investigation process. Overall the Complainant, while not suffering financially from the ordeal, has suffered personally and emotionally. I commend the Respondent for their approach at the Hearing and apology to the Complainant. Based on the suffering the Complainant has endured because of the process and the resultant findings vindicating her positon I recommend that she receive a goodwill gesture of 3,000 Euros compensation to be paid within four weeks of todays date. I hope that the Respondent also make the Complainants return to work as easy as possible in all the circumstances. I also recommend that all documents relating to this incident be removed from the Complainants personnel file.
Dated: 12th June 2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Suspension