Worker

Employer

Anonymised Parties

A Worker

A Health Care Provider

Representatives

Anne O’Connell , AOC Solicitors

 Human Resources Department, Dublin South

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 - 00000581

23/08/2022

The Dispute in question concerns the outcome and subsequent handling of Grievance Procedures taken by the Worker against the Employer.

The Worker is employed Grade VII Case Manager.

The rate of pay was stated to be €1,624 per fortnight for a 35-hour week.

The Worker has over 36 years’ service with the Employer with an exemplary record. In April 2021 her Manager in Disability Services retired. There was not an adequate succession follow up and the Worker’s workload increased dramatically. A new Manager had unfortunately to go on extended Sick Leave further increasing the Worker’s duties. The General Manager, Mr D, maintained that he had allocated extra resources, but this effectively had never happened.

On the 15 September 2021 the Worker referred herself to Occupational Health and was reviewed on the 2nd November 2021. It was reported that there was nothing medically of concern but that it was a “Managerial Issue” that needed to be addressed. The Worker was on Sick leave from her GP by this stage. The Worker lodged a Formal Grievance on the 2nd December 2021 alleging that the managerial response to her difficulties was very far short of any proper procedures. A Stage Three hearing was held on the 31st May 2022. Her Grievance was “Partially Upheld”. Issues regarding Sick pay eligibility and periods of Half Pay/Full Pay now further complicated the issues.

The Complainant also by this time sought a Transfer to an alternative Grade VII position in the same Region.

At this stage, the Worker, in complete frustration and total exasperation with internal Employment Procedures referred the case to the WRC, alleging a complete Management failure to properly handle her grievances and her underlying complaints.

The Employer was represented by a most professional and impressive senior HR Manager.

He refuted allegation of Mishandling the Grievances of the Worker, and the allocation of Duties post the retirement of her Manager in 2021. Reasonable efforts were made by the General Manager, Mr D, to address issues properly and the Grievance Outcome following the Grievance Hearing of the 31st May had partially found in the Worker’s favour.

If the Worker wished to Transfer to another role his can be examined on application from the Worker. Likewise, any shortfalls or difficulties with levels of Sick pay will be addressed very sympathetically if further sick pay arises. Early retirement is also an option that could be considered.

This was a case under the Industrial Relations Act,1969.  A lengthy discussion of the case took place as part of the Hearing. Considerable time was devoted to considering the workload fall out from Managerial retirements, the role of the General Manager, Mr D, the question of Sick leave payments and various Managerial assurances regarding same. The question of the Transfer to another work location was also considered.

However, after careful consideration it was clear to the Adjudication Officer that the Contract of Employment “psychological relationship” was irrevocable sundered.

The Worker felt that the entire handling of her Grievances and in particular the entire issue of the changes to her workload had been very badly handled. The outcome of her Grievance as “Partially Upheld” added to her upset.

As a result, the Worker did not wish, after 36 years, to continue in the employment.  She was seeking, in the Adjudication view, an honourable exit.

Accordingly, and having listened to over an hour of detailed discussions the Adjudication recommendation must address this issue.

The Employer concerned has an early retirement facility with possible added years credits in its gift (subject to a number of safeguards in place to prevent possible abuses). The Adjudication Officer view is that this is an absolutely genuine case and merits the strongest positive favourable consideration.

There is no suggestion of any abuse of the Pension or early retirement system.

However it was also understood by all present that the early retirement arrangements , in a large Organisation such as the Employer here, are complex and require considerable input from both sides.

This Adjudication view, in summary, which is  based on considerable Adjudication Officer experience of cases under the Industrial Relations Act,1969 , is that continuing this Employment relationship has very little positive merit for either side.

Early Retirement, Grievances