Complainant

Respondent

Anonymised Parties

{A Social Care Worker}

{A Public Body}

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-00017877-001

12/03/2018

The Worker is employed since 2004 in a challenging work environment. Following a number of difficult incidents in the workplace, he went out on sick-leave in April 2015. There was a dispute about his capacity to return to work which led to a substantial delay in his return.

The Worker is a social care worker who went on sick-leave following certain incidents in April 2015. The employer’s medical assessment contradicted the workers own doctor’s assessment in relation to the Worker’s capacity to return to a residential care work environment.

In August 2016 an independent medical assessment took place which recommended the return of the worker to a non-residential work environment. This was agreed by the parties.

There was significant delay on the employer’s part in placing the worker in a vacant post due to the Skills Match policy applied which was not necessary. This has been acknowledged by the Employer. The Worker had been out of work for over 2 years and nearly 1 year since the independent medical assessment. The Worker’s representative seeks a compensatory payment as a result.

The Worker is employed as a social care worker since 2004. He was assigned to a High Support Residential Unit which is a challenging Unit. He went out on sick-leave due to stress and anxiety in 2015. Following a medical assessment the Worker sought to transfer to a post in a non-residential setting.

The Worker was found not to be suitable for 2 social work posts due to a Skills match process put in place. It was agreed between the parties that the Skills match process applied was not appropriate for the Worker for a role in the community. The process used contributed to a delay in the Worker’s return to work and resulting financial loss. The Worker returned to an alternative post in the community in May 2017.

The Worker has a long length of service with the Respondent in a challenging role. It is acknowledged by the parties that there was delay in obtaining a suitable alternative role for the Worker following a period of sick-leave. The process used was not appropriate and in the circumstances, I recommend compensation of 13,627.00 euro be paid by the Respondent to the Complainant in respect of his financial loss.

I recommend compensation of 13,627.00 euro be paid to the Complainant in respect of his financial loss.

Skills match process, suitable alternative role, compensation for delay