Complainant

Respondent

Anonymised Parties

Worker

Health Service

Act

Dispute Reference No.

Date of Receipt

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

13/04/2021

A complaint was made concerning the worker in June 2020. As a result of that complaint the worker was transferred to other duties. The worker continues to be paid their basic terms; however, in contrast to the position that they held prior to the complaint and the redeployment, the worker states that transfer has resulted in a very significant loss in earnings.

The worker stated that the organisation took a position to move the worker to other duties. That created a suspicion among work colleagues. The delay in investigating has created an intolerable burden on the worker and on his family.

The employer has failed to give credible reasons for the delay.

The employer stated that the delay arose due to the challenges that the Pandemic caused, and it was not possible to continue normal operations This meant staff had to focus on crisis management and ensure that all resources were focused on supporting Covid emergency response activation. This meant that some important HR issues were delayed. Also, this complaint was also affected by an investigator who accepted the brief to inquire into the complaint, unfortunately and for personal reasons had to step aside from completing the investigation.

The worker is being denied a very basic right for the allegations to be investigated fairly and efficiently. The delay has created very significant stress to the worker and his family. He also has suffered a very significant financial loss. The worker also relied on previous cases of a worker v HSE dated 22nd August 2013 where a Right’s Commissioner awarded the complainant compensation of €5000 for the inexcusable delay of 2 years to complete the investigation. The worker also relied upon a Nurse Manager and Hospital Adj 00013782 where the complainant received €5000 for inexcusable delay.

The respondent employer stated that these were not normal times. There was a very significant delay caused by the pandemic and the central role that the organisation had to play in responding to the Public Health Challenges directly linked to the pandemic. The cases relied upon by the worker are to be distinguished from this case, by the fact that they related to business as normal. The service was operating in very uncertain and demanding circumstances. The service was  also hit by a very destructive cyber attack that also contributed to the delay in completing the investigation.

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

The delay in this case has created very significant stress for the worker and their family. The redeployment to other duties has also resulted in financial loss.

It is also the case that there were very exceptional circumstances that have contributed to the delay and those factors were outside of the employer’s control.

While there have been extenuating circumstances that caused the delay, the matter should be concluded fairly and efficiently. It also important that the investigation is seen to be impartial and independent having regard to the delay.

I recommend that the investigation of the complaint and the employer determination be finalised within 5 months of the date of this hearing.

I recommend that an external and independent investigator should be appointed to conduct the investigation of the complaint.

Delay