ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000806
Parties:
| Worker | Employer |
Anonymised Parties | A Clerical and Grade IV Officer | A Health Care Organisation |
Representatives | Self-represented. | HR Head Office Manager |
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 | IR - SC - 00000806 | 29/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000807 | 29/10/2022 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 19/05/2023
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 dispute.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The issues in dispute concern the interactions between a Senior Manager and the Worker. Numerous allegations of inappropriate behaviour were made. The employment began, via an Agency, in 2016 and continues.
The rate of pay was the HSE Grade 111 Clerical scale for a 35 Hour week. |
1: Summary of Workers Case:
The Complainant made a comprehensive Oral testimony supported by extensive copy documentation. A number of alleged difficulties arose in the Office regarding Social Media and interpersonal staff issues. The Complainant was called to a meeting on the 5th August 2022 with Senior Manager Mr X. The Complainant was on her own without professional representation, although a Management Colleague, Mr Y, had been asked to attend as a support. The meeting lasted some two hours and was described by the Complainant as being characterised by very aggressive behaviour, shouting, table banging etc by Mr X. The Complainant was left in tears. At the conclusion of the meeting, she was directed by Mr X to leave the office and have no further contact with any staff or patients there. Mr X has, it was alleged, a track record of bullying behaviours and belittling all staff. The Worker had suffered considerable trauma following the meeting and the ongoing and previous behaviours of Mr X. The Worker had attempted to use internal Grievance procedures but to no avail and had referred the case to the WRC for assistance.
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2: Summary of Employer’s Case:
The Respondent was represented by Mr Z of the HR Head Office. He made an oral testimony supported by a Written Submission. From his oral testimony he felt that the Worker’s Grievance handling, to date of the Hearing, had not gone as well, from the Employer side, as might be expected. In this context he undertook to have an Independent outside HR Consultant engaged to consider the entire case within one month of the date of the Hearing. |
3: Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
From the written materials and the Oral testimony of the Parties it appeared that the meeting of the 5th August 2022 and previous interactions between the Parties presented sufficient scope for an Independent Consultant overview / investigation. The offer from the Head Office HR Officer to engage such a Consultant was noted favourably. |
4: Recommendation:
IR- SC – 00000806 & IR- SC – 00000807
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
It is Recommended that the offer from the Employer to engage an outside HR Consultant be immediately activated as suggested. The cooperation of the Worker is required in this regard and should be given.
It should be noted that acceptance of this process does not preclude a new Industrial Relations Act,1969 complaint being made at a later date if the Parties are dissatisfied with the Consultant report.
Dated: 1st November, 2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Grievance Process, Independent Outside Consultant |