ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00048653
Parties:
| Worker | Employer |
Anonymised Parties | A Nurse | A Health Service Provider |
Disputes:
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-00059913-001 | 23/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00059913-002 | 23/09/2020 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 10/10/2022, 21/04/2023 &19/06/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
Background:
The worker submitted that he was unhappy with how the employers handled his dispute including that health and safety protocols were not followed and resulted in an injury. |
Summary of Workers Case: CA-00059913-001
This dispute was withdrawn. |
Summary of Workers Case: CA-00059913-002
The worker submitted that the protocol for manual handling was not communicated to him. The worker confirmed that he never raised a grievance regarding this matter and that he does not like confrontation. The worker said there were hoists but manual handling and injuries protocol was not highlighted, and this only came to light after the incident. He submitted that there should been modifications and there was no care plan in place.
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Summary of Employer’s Case: CA-00059913-002
The employer denied the claim that Health & Safety Procedures were regularly flouted, in particular to ‘large weights’ and over the amount trained for (20kg). It was submitted that the worker undertook extensive training which included Moving and Handling on 05/06/2014 and Challenging Behaviour Information Session on 21st May 2013. The day of the alleged accident, the service user in question presented with no illness or condition that would require any additional training other than that provided on 05/06/2014. The Care Plan and Safe Patient Moving and Handling Assessment of same service user refers to a hoist, slide sheets and other recommendations when lifting. No extreme weights were or are to be lifted without mechanical aid, provided by the Health Service Provider and present in the workplace for use at all times. By providing the relevant training, necessary equipment and personalised care plan for residents the Health Service Provider has acted appropriately in terms of its duty of care as an Employer to this employee. |
Conclusions: CA-00059913-002
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note that the worker has never raised a grievance regarding the dispute. I further note that the relevant training had been provided to the worker. On that basis, I do not find merit in the worker’s dispute and dismiss the complaint. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Conclusions:
CA-00059913-002 Having considered all the matters, I do not find merit in the worker’s dispute and dismiss the complaint. |
Dated: 17-11-2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Health and safety |