Complainant

Respondent

Anonymised Parties

A Worker

Health Service Provider

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-00018495-001

13/04/2018

The complainant originally filed a complaint, ADJ 8216, with the WRC under the Industrial Relations Act in early 2017. Certain undertakings were given by the respondent which lead to the complainant withdrawing her complaint on the 6th of March 2018. Since then the complainant states that she has been frustrated with the pace at which the undertakings in relation to the investigation have been dealt with. She stated that she did not want any further apologies from the respondent. She wanted the matter to be dealt with and dealt with as a matter of urgency.

She also stated that she has received a number of FOI requests specifically from the subject matter of her complaint. She deems those requests to be a form of intimidation, bullying and/ or harassment. The complainant requested that she receive no more FOI requests from this particular individual as she finds them deeply upsetting.

The respondent fully accepts that there have been delays in the process in relation to the investigation. Those delays were primarily to do with the screening process that needed to be completed prior to commencement of the investigation and also in relation to the nomination of the investigators. The investigation did commence in June of this year and it is hoped that it will be completed in a reasonable time. The respondent is not in a position to say how long the investigation will take. To request a time frame from the investigators would or could be deemed as interfering in the process.

In relation to the FOI requests, those requests were sent directly from the subject matter of the complaint to the respondent FOI officers.   The FOI officers then sought certain information from the complainant. They did so because she was the only individual who could give the particular information being sought. The respondent states that their hands are tied in relation to FOI requests as they are bound by the law to deal with such matters.

Having heard the submissions from both parties, I am making two recommendations in relation to the matter.

Investigation.

I am recommending that the investigation in relation to the complainant’s complaint be completed within 6 months from the date of its commencement.

Freedom of Information Act requests

I am recommending that, regarding any further information needed from the complainant, arising out of an FOI request from the subject matter of the complaint, that such requests are sent from the FOI officer to the complainant’s line manager directly. From the date of this recommendation, no further request for information should be sent from the FOI officer directly to the complainant.

I am recommending that the investigation in relation to the complainant’s complaint be completed within 6 months from the date of its commencement.

I am recommending that, regarding any further information needed from the complainant, arising out of an FOI request from the subject matter of the complaint, that such requests are sent from the FOI officer to the complainant’s line manager directly.   From the date of this recommendation, no further request for information should be sent from the FOI officer directly to the complainant.