Complainant

Respondent

Anonymised Parties

A Social Worker

A Health Service Provider

Representatives

Fórsa Trade Union

 Employee Relations Manager

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-00041098-001

17/11/2020

The employee was appointed as a Social Worker in 2010, at a lower grade than those carrying out identical work in other hospitals in the employer’s catchment area.  Secondly, the employee did not have an appropriate reporting relationship.  There were delays in processing the grievance.

The employee commenced employment with the employer as a Social Worker in May 2010,and took up the role of Social Worker on the Rehabilitation & Recovery Unit in the hospital in 2011. From the outset, there appeared to be confusion on the part of the employer in relation to where the employee's role lay within the structures of the Hospital, given that there is no Social Work management structure within the hospital. This left the employee with no clear line management structures, and no clear clinical governance or professional support from within his profession.

In correspondence to the  General Manager, and the HR Manager dated 13th November 2017 ,the employee informed them of his concerns regarding his working alone, and his concerns and vulnerability in this regard. HR responded that as an employee of the hospital, he could report to the General Manager, and record any annual leave etc with the HR Manager.  It was also suggested that he link with Principle Social Worker in Community for professional issues. However there was never any agreement with the Principle Social Worker in this regard. The Team Leader wrote to both the General Manager and the HR Manager raising his concerns that this was not clinically safe practice.

The employee continued to raise the issue regarding his working alone, essentially self-managing, at basic grade level, when other Social Workers in hospitals in the region were employed as Senior Medical Social Worker Grade. He lodged a number of grievances in an attempt to get the matter resolved including on 4th May and on 8th March 2019 to the General Manager of the hospital. His claim was supported by the Team Leader on the basis of equity with other hospital departments. On 10th June 2019 another grievance was lodged.  Following further delay the General Manager upheld the grievance in relation to the lack of line management structures, and informed the employee that his line manager would be the Deputy General Manager. In relation to the grading of the employee's post, the General Manager stated that, having reviewed job descriptions for posts within the Hospital Group, the employee's claim for Senior Medical Social Worker meets the criteria and stated "Were the post that you currently occupy to be re-advertised in the future, I would be seeking approval for it to be advertised at Senior Social Worker Grade".

There has been no further resolution of this matter. Despite acknowledging the merit of the employee’s claim in relation to the grading issue in comparison to other Social Workers in hospitals within the Group, Management state that they are unable to progress the issue of the regrading without setting a precedent.

Forsa remains of the view that this line management structure is inappropriate and unsafe, and that the employee is entitled to supervision and guidance from within his own profession. The employee has been pursuing these grievances for a period of 4 years without resolution.

A Principal Social Worker has not been appointed which resolves the reporting relationship issue.

While recognising the validity of the claim, the Employer cannot confer the requested upgraded position on the employee. The employer recognises the tardiness in resolving this issue. The employer acknowledges that the grievance could be raised within its grievance procedures but could not effect the requested change.

There are two grievances which need to be considered;

The reporting relationship and secondly;

The substantive grade for the post.

It is clear from the evidence given at the hearing that the absence of an appropriate reporting relationship caused considerable distress to the employee.  However, with the appointment of the Principal Social Worker matters have improved and I would consider that this matter should now be accepted as being resolved.

There is an established grade elsewhere in the employer’s organisation for the work being carried out by the employee. The General Manager acknowledged that the grading would be at a higher level if it was re-advertised. Therefore, I can only conclude that the post was mistakenly graded at the lower level when it was filled initially by the employee and that this mistake should be rectified. Given the length of service the employee has had in the post and the unique circumstances of the case, he should be appointed to the correct grade of Senior Medical Social Worker with effect from 4th May 2018.

In light of the unique circumstances of the case I recommend that the employee be appointed to the grade of Senior Medical Social Worker with effect from 4th May 2018.

Industrial relations.  Mistake in grading.  Reporting relationship.