Complainant

Respondent

Anonymised Parties

A Worker

Health Care Manufacturing Plant

Representatives

The claimant 

IBEC 

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946

CA-00017369-001

08/02/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00017369-002

08/02/2018

In her complaint form the claimant asserted that she did not receive the terms and conditions laid down by an ERO and complained that she had been unfairly dismissed.

In a submission to the WRC after the first hearing the claimant the claimant contended as follows:

“My grievance is I worked for B.B.H for 18 months, another girl started in the lab when I

was 13 months there, she was put on evening shift. I was on permanent days this girl was also in night her name is E.G. Myself and another employee trained this girl in. I was trained on the majority of products - we all specialised in our own product but worked on product that needed testing ASAP. Once this girl was trained I was brought in on Jan 2nd, 2018 by my manager Mr B McL

He informed me that I was being let go .... that there was too many in the lab. I knew this to be false as we are always so busy testing. At first, I was in shock and once he left the lab I got extremely upset as I wondered how I would cope financially, I was later told that 2 other girls were being let go. this turned out to be false 1 was let go but she was there a very short time. The other girl started 2 days before me, I truly didn’t mind that she was kept on this lady was KG.

We practically started together, I initially found out that E G n was being kept and that she was slotting into my role.

A role upstairs became available in Dec - closing date was 15th Dec 17. I didn’t apply for this job in Dec. because to me I was already in a job, a job that I loved so had no reason to apply. On Jan 2nd once I was told that I was being let go I immediately thought I would apply as I could not be out of employment as financially - I could not afford this. I spoke to my manager B McL who told me it was nothing to do with him that it was

PFs “baby”. I rang MG who told me send up my CV ASAP and she would look at it.

In my previous role I was trained in document control, but in my haste, I emailed her my old CV and I heard nothing back. I sent PF a few emails and eventually she rang me in the lab and told me come up she would like to speak to me. She called me into the conference room and said I didn’t have a degree for this role. She went to say she felt so bad saying this as she knows me on a personal level, yet when probed she could not tell me what degree I needed as she didn’t know she just knew I wasn’t going to be interviewed. I was upset as I wasn’t even given a chance of an

Interview. I could have explained I sent the wrong CV. I felt given the chance of an interview I could have seen my interview score and seen where I went down. This was an internal role. I later spoke to another colleague P. J who told me the role was offered to him, but he didn’t want it as he wouldn’t work upstairs he was happy in the position he was in. He was told it would be in his best interest to consider this as he also is only temporary also and he is there only 2 years., He refused the role, the position eventually went to another employee in the office, so her role in the lab was vacant. I thought maybe I would be offered her position. I was not.

This lady was trained on the same product as me .I had numerous meetings with M G and my lab supervisor MF who was upset to see me go , she explained in these  meetings how trained I was and I would be a loss to the lab , MG said she would speak to BMcL and come back to me , she did not.

After a few emails to her she finally replied that EG had a better skill set than me, how could this be when I trained her. I was told that it would not be discussed again I was being let go permanently and I would not be brought back, M eventually told me no degree was needed for the document controller role. She said she could not understand why PF would say that and that she would speak to her. I never heard back from that either. Another previous employee P.Q. who left to pursue a career in medicine was brought back for summer work and I was told that no the lab was to full,

Overall summary

EG who was there 5 months got kept on in my role and I was there 18 months in my role,

Her degree is in forensic science. I fail to see what this has to do with testing medical product. I was not considered for an interview, I explained when M asked why I didn’t apply before closing date 15th dec.17 that I had a job in the lab and did not know until Jan 2nd that I was being let go so had no reason to look for another job.

And that P.Q. was brought back for summer work despite me being told the lab was to full and I was not being replaced. I later learned that EG is now permanent staff. Also, there is a contract in the Ibec folder I never signed. I never seen that contract until that day and R Recruitment confirmed that it is not one of their contracts. Also, I was informed by M in R Recruitment that M rang her enquiring was I looking for more work from R. Recruitment and M informed her that yes, I was in contact frequently but because M had nothing on her books she had nothing to offer me. i have that text on my phone from M confirming an email to MG.

Why would M G be enquiring this??? I have now secured temporary contract

with the Health Services but continued to look for work when I was let go. I even contacted A.B. who had previously worked for R recruitment previously if she had any roles, but she informed me she was based in Ballina and had nothing in Sligo., These are my grievances.”

The respondent set out the background to the claimant’s initial recruitment as a Temporary Agency Worker,” employed by R. Recruitment on the 23.10.2016 as a QA Analyst. It was submitted that the respondent had a temporary need to increase the staffing in the QA/QC area. It was submitted that:

The company decided to downsize the QA/QC dept. as a cost control measure in January 2018 – the reduction was from 6 to 3 and the decision was made with a view to maintaining the most highly qualified and most appropriate skill sets to continue in the remaining roles. The claimant and 2 of her colleagues were given notice on the 4.01.2018 and it was submitted that the claimant appeared to accept the decision. The claimant approached Ms.PF regarding a post of document control Officer which had been advertised in Dec. 2017 and although the closing date had passed, the claimant was allowed to submit her CV. On receipt of her CV it was found that the claimant did not have the preferable min quals required of a Level 3 Cert in a Quality Discipline. The claimant was given a positive reference on completion of her temporary appointment. It was submitted that the claimant raised no issue/grievance with her employer R Recruitment from the 5th-31st.Jan. 2018.

It was submitted that the claimant did not raise the issue of termination with her employer R Recruitment. The company was compelled to reduce headcount in the QA/QC area and it was decided that some of the temporary cover was no longer required. It was submitted that Ms.EG did not replace the claimant as she undertook separate work in the area of sterile non-sterile testing and her qualifications (Level 8) were better suited to the ongoing requirements of the Lab. It was submitted that another agency worker quoted by the claimant Ms. N was employed on a     graduate visa programme, that no new role was created for her and she left in March 2018.The respondent refuted the assertion of redundancy as she was employed to fill a temporary role. Her tenure with the respondent ended when the requirement for the role ceased. It was submitted that the respondent had complied in full with the provisions of the Protection of Employees (Temporary Agency Work) Act 2012 and in fact had exceeded their obligations by allowing the claimant apply late for the Document Control Post.

It was submitted that the claimant “during her employment as a Temporary Agency Worker, was not a worker to whom an Employment Regulation Order, which fixes remuneration, applied within the meaning of Section 43 of the Industrial Relations Act 1946 and as such the respondent has no case to answer on this element of the claim.