Worker

Employer

Anonymised Parties

A Worker

A State Agency

Representatives

Anthony McIntyre Independent Workers Union

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 - 00001387

12/05/2023

The Worker has been with the Employer state agency for almost 20 years.

In 2021 unhappy differences arose with her line manager. The Worker tried to resolve these but she was suddenly transferred following her manager making a complaint against her. The Worker felt that this was unfair and disagreed strongly as to the contents of the complaint.

The Worker wanted these matters to be fully investigated so that she could clear her name.  She was told that an investigation would begin in December 2022. An outside investigator had been appointed.

By May 2023, there had been no progress in the investigation and the Worker still had not been interviewed. As such she referred the matter to the WRC.

A hearing was held on the 12th of October 2023. That hearing was adjourned with the assurance that the final investigation report was imminent. A further date was scheduled for the 28th of November 2023.

The Worker first began engaging with this process in November 2022.

In March and April 2023, she was told that her interview was imminent. 

She was not contacted for interview until August 2023.

 As far as she is aware, the witness she has nominated has not yet been interviewed. The investigation has dragged on for over a year. She has been exhausted by this matter. Her life is on hold.

She has been told on numerous occasions that the investigation final report was imminent.

The Employer has been assured that the final report is imminent. They are following up with the investigator.

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

The Employer did not attend the second day of hearing. This was due to an oversight arising from a key member of their team being on jury duty. It was understandable and there is no suggestion that it was deliberate attempt to undermine this process or cause offence to the Worker. The Employer called the WRC as soon as the error was discovered.

It was open to me to adjourn and resume for a further day. However, due to the specifics of this trade dispute I do not believe this would be appropriate.

On the first day of hearing the Employer sought an adjournment specifically because the final investigation report was thought to be imminent. The key issues under consideration, that the Worker has engaged in an HR process and that the resulting investigation has gone on too long, are accepted by both sides.

I note that my overarching role, under this act, is to promote positive industrial relations. I also accept the Worker’s submissions that the ongoing delay is a massive source of stress and uncertainty to her. 

Resuming for a further day of hearing could create no other outcome than further delay which I do not believe would be helpful to either party.

In these circumstances I believe a recommendation placing a clear delivery date for the investigation report is merited. In order to focus minds, I am also recommending a sum of compensation to be paid to the Worker if this date is not met and the matter drags on through the Christmas break.