ADJUDICATION OFFICER RECOMMENDATION & DECISION
Adjudication Reference: ADJ-00024111
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Company |
Representatives | Jacob and Twomey | Internal Employees |
Complaint(s):
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-00030659-001 | 04/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030659-002 | 04/09/2019 |
Date of Adjudication Hearing: 14/11/2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant made a bullying complaint against his line manager. Internal mediation was unsuccessful and an investigation was subsequently carried out. The Investigator recommended that the complainant be transferred to another location. The complainant has not returned to work since he made the allegations. |
Summary of Complainant’s Case:
The complainant made a bullying complaint against his line manager following which internal mediation took place. Further to this unsuccessful mediation, he was sent to the Chief Medical Officer who found that he was fit to work. Despite this declaration, he was suspended from work and was sent two weeks later to the same Chief Medical Officer who found that he was unfit to carry out his duties. An Investigator was subsequently appointed to examine the bullying allegations but the investigation was not satisfactory. The Investigator recommended that the complainant be transferred but this recommendation has still not been implemented. The complainant has not returned to work since he made the allegations. |
Summary of Respondent’s Case:
CA-00030659-001 The complainant made a bullying complaint against a colleague. The respondent engaged in internal mediation between the parties which was unsuccessful and therefore suggested using an external mediator. The employee against whom the complaints had been made refused to engage such a process. The complainant was sent to the Chief Medical Officer due to concerns that the respondent had for him. He was afforded paid leave for a two week’ period following this initial appointment prior to him being transferred back to the sick pay scheme when the Chief Medical Officer ultimately advised, following a second appointment, that he was unfit for work. It was also highlighted that the complainant did not attend subsequent appointments with the company doctor on a number of occasions. The respondent also stated that the complainant was paid in accordance with the sick pay scheme and denied that he was ever suspended from work and produced evidence of payments to support this. It was ultimately decided to carry out an internal investigation into the bullying allegations and it was found that there was insufficient evidence to support these. CA-00030659-002: This complaint was withdrawn. |
Findings and Conclusions:
CA-00030659-001: In light of the issues raised by the complainant and notwithstanding the respondent’s considerable efforts to resolve these, I recommend that it would be in the best interests of all parties for the complainant to transfer to the company’s operations in Waterford. Given the particular circumstances surrounding this transfer, I also recommend that a once off payment of €5,000 be made in full and final settlement of the matter. I make this recommendation based on the unique circumstances presented at the hearing and it cannot be relied on as precedent in any future discussions. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00030659-001: I have outlined my recommendation to resolve this matter above. CA-00030659-002: This complaint was withdrawn. |
Dated: 20th November 2019
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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