ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000361
| Worker | Employer |
Anonymised Parties | {A Dental Nurse} | {A Dental Practice} |
Representatives |
| Rebecca DeGroot Peninsula |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000361 | 12/06/2022 |
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Date of Hearing: 26/01/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The Worker was employed with the Employer from 21st June 2017 until 5th July 2019. |
Summary of Workers Case:
The Worker was placed on an orthodontist therapist training course in the UK in June 2018. She did not receive any contract about this in advance. When she returned in July 2018, she was given a contract which said if she terminated her employment before 2022, the cost of the course and expenses would be repayable. She signed the contract as she felt under pressure to do this, and the course fees had already been paid. She continued with the course. The Worker says she was then bullied and harassed by a dentist for a number of months and was signed off on sick-leave by her GP for stress and anxiety. She was prescribed anti-depressants. She was not able to attend the course in the UK. However, nothing was done about her treatment by the dentist, and she was advised by her GP and counsellor to leave the practice. She told the Manager that she was leaving, and the Manager told her the practice would not take the issue of fees for the course any further on 5th July 2019. She received a letter dated 20th June 2022 from the practice requesting repayment of €17,860.07 plus any interest owed. She feels she has been treated very unfairly. |
Summary of Employer’s Case:
The Employers representatives say the complaint is statute-barred as it was not made within six months of her complaint of bullying and harassment and are not attending the hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
There is no time-limit applicable for industrial relations disputes pursuant to S13 of the Industrial Relations Act 1969 as long as the Worker is not retired.
The Worker says there was no action taken by the Employer regarding her complaints of bullying and harassment against the dentist, and as a result the Worker felt she had no option but to resign. The Worker says she did not pursue complaints against the Employer following her discussion with the Manager and her understanding that any obligation to repay fees for her training would be waived. I recommend the Employer seeks resolution of the Workers complaints with her at the earliest opportunity. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend the Employer seeks resolution of the Workers complaints with her at the earliest opportunity.
Dated: 09/11/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Time-limits, complaints of bullying and harassment |