Complainant

Respondent

Anonymised Parties

An Employee

A Private Company

Representatives

Eamon Dillon, Solicitor – Dillon D’Arcy Solicitors

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-00021037-001

07/08/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00021038-001

07/08/2018

The Complainant commenced work with the Respondent, as a Monitoring Operator, in April 2015. Following initial employment by way of a series of fixed term contracts, the Complainant was made a permanent member of staff on 8 April 2017.

In the period between late December 2017 and early April 2018, a number of issues arose which led to the Respondent initiating the disciplinary procedures on a number of occasions. This culminated in the Complainant being issued with a final written warning on 4 May 2018.

An incident took place on 5 June 2018, involving the Complainant and his Area Manager. The Complainant objected to the manner in which the Manager spoke to him on the day, to the extent that he concluded his workplace was no longer a safe environment. The Complainant left work that day and has been on sick leave since.

The Complainant provided detailed oral evidence in relation to the incident on 5 June 2018 and to a broader list of grievances/issues he has with his employer.

The Respondent presented a detailed written submission setting out the history of the employment relationship and the efforts made by the Respondent to address the issues, not just from a performance/behaviour perspective but also from a staff welfare perspective.

While it is clear from the evidence presented that the Respondent has managed the employment relationship and the various issues that have arisen, particularly in the last 12 months, in a balanced, reasonable and sensitive manner, the Complainant has a different perspective on the relationship based on a series of issues/grievances which are leading to an overall negative impression of his employer.

Having carefully considered the evidence adduced, I am satisfied that it is unlikely that matters can be resolved while the Complainant is out of work and, clearly, it is not in the interest of either party that the status quo with regard to the Complainant’s employment situation should be allowed to continue.

Consequently, I am of the view that in order to move matters towards resolution it will be necessary for the Complainant to return to work. I am satisfied that such a return should happen in one of two ways, as follows:

(1) that the Complainant would return to work on the basis of putting past issues behind him and engaging fully in the Respondent’s efforts to support him to restore a more balanced and appropriate perspective to the working relationship with his employer.  

(2) if, on returning to work, the Complainant still requires his issues/grievances to be addressed, then he should submit a detailed complaint/grievance to the Respondent in order to have the issues dealt with once and for all in a definitive manner.

Having carefully considered all of the evidence adduced and based on the considerations/findings as detailed above, I recommend the following:

1)      The Complainant returns to work under one or other of the options set out in the previous section.

2)      In the event that the Complainant decides to return under option one, then I would further recommend that he fully engages with his employer, in a positive and proactive manner, to restore balance to the working relationship, which appears to have been impacted by the events of the first six months of this year. Such a return must also be on the understanding that normal standards of performance/behaviour are maintained and that any issues which may arise in the future will be referred through the appropriate internal procedures.

3)      In the event that the Complainant requires his outstanding issues/grievances addressed, as part of his return to work (Option two), then I recommend that he submit a detailed complaint/grievance under the appropriate internal policies, so that they can be fully addressed by the Respondent. In this regard, I would further recommend, that the Respondent would then have the complaint/grievance thoroughly investigated by an experienced external investigator, who should be other than the individual already identified by the Respondent to assist in this regard.

4)      With a view to bringing matters to a conclusion as soon as possible, I would recommend that the Complainant should advise the Respondent, in writing, to the Respondent’s General Manager, to be received not later than close of business on 18 January 2019, as to his intentions in relation to a return to work. I also believe that it would be appropriate for the Complainant to provide the Respondent with a minimum 10 days’ notice of a return to work in order to allow for any return to work protocols which may need to be completed.