ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00019919
Parties:
| Complainant | Respondent |
Anonymised Parties | An Assistant Branch Manager | A Financial Institution |
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-00026391-001 | 20/02/2019 |
Date of Adjudication Hearing: 26/09/2019
Workplace Relations Commission Adjudication Officer: Gerry Rooney
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.
Background:
This dispute refers to an external appeal by the Complainant, an Assistant Branch Manager with a disability, who is appealing the decision of the Respondent, a financial Institution, to relocate him to a different Branch.
Summary of Complainant’s Case:
The Complainant submitted that the Respondent decided to relocate him to a different branch. He appealed the decision internally and he was provided with an alternative location for the move. Either way he was required to move to a work location that involved a weekly commute of either 370km or 500km, on public transport.
The Complainant maintained he has a disability and where his GP recommended that commuting involves prolonged periods of sitting which could worsen his joints and erode his important time for home physio. The GP also recommended strongly that commuting and other such sedentary activities be avoided as much as possible, and where the GP stated he did not believe a move to Dublin would be in the Complainants interest medically. The Complainant also submitted that the Respondent’s occupational health assessment reported that whilst there was no medical impediment to the Complainant commuting to one of the proposed locations, it recommended that the Complainant be accommodated closer to his home as the additional stress burden attached to the long commute is likely to negatively impact on his general wellbeing, and almost certainly in the medium to longer term on the Complainant’s disability.
Summary of Respondent’s Case:
The Respondent submitted that for genuine business reasons it required to redeploy the Complainant to another location. Having considered the medical reports and the Complainant’s internal appeal the Respondent had proposed an alternative location for the move. It based this decision on the occupational health assessment which indicated there was no medical impediment to the Complainant commuting to one of the branches identified, albeit this report stated it would be preferable if the Complainant could be accommodated closer to his home.
The Complainant maintained that the move was within the agreed relocation procedures and that it had offered the Complainant the temporary use of a company car to facilitate the move. It further maintained that it would review the situation in six months.
Conclusions and recommendations
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Having considered the issue, I am satisfied the Complainant has a disability. It is further evident that whilst the proposed move, which is within the Company agreed relocation procedures, may not have an immediate impact on the Complainant’s medical condition, it appears based on the medical advice submitted that there is a risk it will have a negative impact on the Complainant disability in the medium to longer term. In light of the Complainant’s disability he was particularly concerned that any negative effect could have an irreversible impact on his medical condition.
In light of the medical situation and the nature of the disability I recommend the Respondent conduct an assessment of the reasonable accommodation required to facilitate the Complainant’s disability prior to any move, and indeed where this assessment considers the merits of the move vis the Complainant’s disability. Such assessment is to include consultation with the Complainant and where the Respondent appoints, in agreement with the Complainant, a suitably qualified third-party expert to assess and make recommendations on the reasonable accommodations required.
Dated: 01/10/19
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Key Words:
Dispute under the Industrial Relations, 1969; Relocation; Disability; Reasonable Accommodation.