Complainant

Respondent

Anonymised Parties

Administrative Officer

Human Resources

Representatives

  Self

Emily Sexton Comyn Kelleher Tobin Solicitors

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00031471-002

09/10/2019

This case was originally linked to an Employment Rights matter that has been investigated and a decision issued. The complaint therefore is limited to matters solely related to the internal processing of the grievance through the various stages of the internal procedures. It is not a rehearing of the employment rights claim. When initially referred to the WRC; the internal procedure had not been exhausted. In line with the practice that the referral should only arise after the internal procedures had been exhausted; the matter was heard.

The employee feels aggrieved concerning how the process has been conducted. In particular they complain of delay, bias and a failure to address the fundamental grievance that she has suffered detriment due to a flawed reference being issued and  which prevented her from gaining promotion.

The matters complained of have been dealt with fairly and comprehensively. The employer has sought to redeploy the worker to another area and to mediate a solution where the offending reference could be changed and amended based on both parties agreeing to the changes. These efforts have not proven successful to date.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

I am minded of the fact that the grievances have substantially been dealt with through a referral under employment rights legislation.

This hearing is about recommending a way forward. The worker has been absent for some time from the workplace and believes that her path to a fresh start is blemished by the offending reference.

Both the employer and the worker want the matter to be finalised. The worker is willing to be redeployed to another area.

The internal procedures have now been exhausted and no further practical  benefit can be realised by finding a particular aspect deficient procedurally. The substance of the grievance has been dealt with in the employment rights decision.

It is more important to look forward so that normal working relationships can begin again.

I recommend that the employer 1 month from the date of this recommendation redeploy the worker to another area. After 6 months in that role; her immediate manager will issue a new reference concerning her suitability for promotion  based on the standard template used by the employer. The manager prior to issuing to Personnel will sit down with the worker and review the contents with the worker and after consulting with the worker will finalise and copy to her the final reference. The manager will ultimately determine what she believes to be a fair and balanced reference based on her assessment of the worker during this 6 months period.

Offending Reference