Complainant

Respondent

Anonymised Parties

Home Help

Healthcare 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-00010716-001

05/04/2017

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

CA-00010716-002

05/04/2017

The complainant has a dispute with the respondent over health and safety issues and lost earnings due to absence on sick leave due to alleged work related stress.

The complainant was employed as a Home Help from 16th April 2005. In October 2014 she raised a number of issues with her Line Manager.   She had a number of concerns regarding three clients, involving care in one case, difficult handling in another and health concerns regarding vermin in the third case. She contends that her concerns were not dealt with properly. She was informed in case one that she was being taken off his case, and in case two that there would be no extra help managing a difficult client.   The complainant was very unhappy with the way her grievances were handled and went on certified sick leave in June 2015.   She requested referral for retirement on the grounds of ill health in March 2016. She invoked the formal grievance procedure in May 2016 but her grievances were not upheld. It is submitted that the respondent failed to adequately consider the complainant’s concerns and that as she has been on sick leave from June 2015, she has been at a loss of earnings through no fault of her own.

On 25th October 2014, the complainant raised a number of issues with her Line Manager.   A meeting took place on 31st October 2014 where the Manager attempted to address those concerns.     In June 2015 the complainant went on certified sick leave and did not return to work. On 21st March 2016 the complainant wrote to her Manager requesting that she be referred to the relevant section for consideration for early retirement on the grounds of ill-health. On 19th May 2016, she invoked the Grievance Process.   All three stages of the process internally have been exhausted. In April 2017, some seven months after the Stage 3 Grievance hearing, the complainant referred her complaint to the Workplace Relations Commission. It should be noted that in December 2015, at a meeting between the complainant and her Line Manager, the Manager undertook to put supports in place to help resolve the issues causing the complainant’s stress.   However the complainant verbalised to her Manager that the meeting had come too late and at that time the complainant had decided that she was not coming back to work.

There were a number of sensitive issues in relation to dealing with clients in this case and I find that the respondent was correct in following all procedures which they are obliged to do in the whole issue of care in the community.   However, the complainant had strong views on how matters should have been handled.   I note the refusal of retirement on the grounds of ill health was made without Occupational Health actually seeing the complainant. This is regrettable and led to dissatisfaction on the part of the complainant.   In all the circumstances, I do not recommend the overturning of the grievance findings. However, to bring this long running dispute to a close, and in recognition for the failing to consult face to face with the complainant on her application for ill health retirement, I recommend that the respondent offer to the complainant and that she accepts a payment of €5,000 in full and final settlement of the dispute.