Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

Niall O Sullivan Psychiatric Nurses Association (PNA)

 Helen Earley

Act

Complaint/Dispute Reference No.

Date of Receipt

 Section 13 of the Industrial Relations Act, 1969

CA- 00054550 – 001

8th January 2023

The Complainant is seeking a payment for overtime worked in May 2022 and a recommendation that the Respondent is obliged to follow its own grievance procedures.

The Complainant is an assistant director of nursing. On the 14.05.2022 he was requested to work as a nurse as there was a staffing shortfall that day. It would be unusual for him to work as a nurse and to do overtime. It was a one - off situation. He was due to be paid overtime in the amount of approximately €545.00. He was not paid it. He raised a grievance and that was heard by Ms E on the 25.08.2022. The grievance was upheld, and the decision was furnished to the Complainant on the 21.12.2022. Despite that HR refused to make the payment stating that overtime is not paid to employee who are grade 8 or above. The overtime was worked when the Complainant was carrying out duties as a nurse. Nurse are at CM2 level therefore are eligible for overtime. It is now one year since the Complainant worked the overtime and he still has not been paid.

On the 14.05. 2022 a nurse went out sick with little notice. There was a staff shortfall. The Complainant was asked if he would fill in on the day. He did. He was carrying out those duties at CM2 level. It is accepted that it would be unusual for a director of nursing to carry out nursing duties, but it was an emergency situation and he was helping out. He raised a grievance and following a hearing that grievance was upheld. However, HR stated that anyone at grade 7 or above does not get paid overtime. In order to facilitate the payment, it would require a derogation. The HR manager refused to do that.  However, the Respondent now concedes the point, and the Complainant will be paid his overtime in the about of €545.00 on the 01.06.2023

Firstly, I note that the Respondent has conceded that the sum of € 545.00 is due to the Complainant in relation to the overtime he worked on the 14.05.2022. That payment will be made to him on the 01.06.2023.

Secondly, The Complainant is seeking compensation due to the fact he has had to wait one year to resolve this matter. He also takes issue with the fact that the Respondent failed to follow its own grievance procedure and in doing so caused him a lot of stress. The Respondent states that the issue arose due to the unusual situation. It was not intentional and has now been rectified.

In all of the circumstances I am making the following recommendations:

1.       The Respondent, its servants and agents must follow their own policies and procedures at all times.

2.       Grievance outcomes should be honoured.

3.       The Respondent is to pay to the Complainant compensation in the amount of €3,500.00 on or before the 01.07.2023.

I am making the following recommendations:

1.The Respondent, its servants and agents must follow their own policies and procedures at all   times.

2. Grievance outcomes should be honoured.

3. The Respondent is to pay to the Complainant compensation in the amount of €3,500.00 on or   before the 01.07.2023.