ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00017210
Parties:
| Complainant | Respondent |
Anonymised Parties | Clerical Officer | Human Health & Social Work |
Representatives | Hilary Kelleher Fórsa (Formerly IMPACT) | Maria Daly |
Complaint:
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-00022292-001 | 02/10/2018 |
Date of Adjudication Hearing: 19/12/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute
Ca-00022292-001
Industrial Relations Act 1969
Summary of the claimant's position
The claimant commenced employment with the respondent as a temporary clerical officer and she subsequently appointed as a permanent clerical officer with effect from the 30th January 2002.
On the 7th January 2016, the claimant wrote to the respondent's director of nursing outlining her complaint in relation to a named staff member and their interaction on that date.
It was submitted that the respondent failed to treat the complaint with the appropriate seriousness and confidentiality, did not investigate the complaint and did not provide any tangible support to the claimant.
The claimant has no confidence that the National Workplace Relations Unit will expedite this complaint in a reasonable time frame
The claimant has no confidence that the respondent will fulfil their obligations under the Dignity at Work policy given the mismanagement of her complaint to date.
The Trade Union believes that sourcing an external investigator to deal with the complaint would go a long way to assuring that the claimant's complaint will be dealt with promptly.
The union is seeking financial compensation as an appropriate and reasonable compensate to the claimant, both in terms of the extent of the claimant's emotional distress and loss of reputation.
Summary of the respondent's position
The respondent has confirmed that it sought to engage with the claimant and her trade union official in a reasonable, fair and objective manner
It is accepted that the commencement of the investigation has been delayed, however, the respondent has confirmed to the representatives for both employees that every effort is being made to finalise an investigation team and for the investigation process to be concluded as expeditiously as possible.
A centralised Workplace Relation Unit has been established to include an Investigation Support section and this acts as a single point of contact within the respondent for information related to Human Resources investigations.
The respondent acknowledged the challenges in securing an investigation team to undertake a full investigation of allegations made by the claimant. The respondent has always sought to uphold its obligations of trust and confidence in the context of its contract of employment with the parties concerned, notwithstanding the extraordinary circumstances which have formed the timelines associated with the commencement of a formal investigation.
Findings
Both parties made an extensive written submission at the hearing.
I find that having considered and read all the evidence I find that the delay in carrying out an investigation of this alleged complaint is unacceptable.
The Claimant was out of sick leave from 21st April 2016 to 6th June 2016 where she received full pay and the second period of sick leave from 12th January 2017 to 5th March 2017 where the claimant received half pay.
I find the respondent had difficulties in putting together an investigation team and in these circumstances that external assistance is required, and, on that basis, I am making the following recommendation;
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I recommend the following;
- That the claimant’s sick leave entitlement from the 12th January to the 5th March 2017 be paid at the full rate.
- That an agreed external investigator is appointed as a matter of urgency
- That the investigation is complete within 3 months from the date of commencement
- The claimant is awarded €1500 in compensation.