Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

  Self-Represented

Internal Employee Relations

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969

28/02/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969

02/03/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001142

02/03/2023

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The worker submitted disputes concerning three issues, however she confirmed that one was a duplicate of another. The worker submitted that she was constructively unfairly dismissed but did not have the requisite employment period to avail of the Unfair Dismissals Act. The workers other complaint related to the bullying and harassment procedures operated by the employer.

Bullying and harassment procedures:

The worker submitted that she took a grievance against her line manager over three separate bullying issues related to her disability. She submitted that the person to whom she submitted the grievance sided with her line manager and nothing was done to resolve the matter.

Constructive unfair dismissal:

The worker submitted that following her interaction with the employer following the submission of a grievance, she was left with no option but to resign her position.

Bullying and harassment procedures:

The employer noted that the complaint made a grievance to the Assistant Director of Nursing (AdoN) regarding her line manager. It was noted that the AdoN talked to the line manager who denied that the incidents had happened. There were no witnesses to any of the incidents and the AdoN Wrote to the worker reiterating the employer’s position with regard to its employees. She invited the worker to a meeting, but the worker was of on sick leave and refused to meet with the employer. The AdoN offered a number of possible options to the worker, but the worker did not take up any of the options offered. The worker did not return from sick leave and resigned shortly afterwards

Constructive unfair dismissal:

The worker took a grievance regarding her line manager which was not upheld. It was dealt with in an informal fashion, but the AdoN invited the worker to attend for a meeting to discuss the various options that were open to her under the employers dignity at work policies. The worker declined to attend instead submitting her resignation shortly afterwards.

On receipt of the resignation, the AdoN offered to meet with the worker to discuss her resignation and to look at other alternative options, but the worker refused to do so.

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

The worker raised the number of complaints with the employer who looked into matters but in the absence of any witnesses was not in a position to decide one way or the other whether to uphold the complaints. The employer offered the worker the opportunity to meet with her line manager to resolve matters or to meet with the assistant director of nursing to explore the options that were available to her. She refused to do so instead submitting her resignation.

Having considered the matters raised by the worker and by the employer, it appears that the worker made complaints in relation to bullying and harassment under the grievance procedure. These were looked at by the appropriate person who then spoke to the workers line manager. The line manager denied that anything had occurred and in the absence of witnesses, the employer could look no further. The employer sought to offer the worker alternative options including taking a complaint under the dignity at work procedure. The employer made a number of efforts to contact the worker both before receiving the resignation notice and after receiving the resignation notice with a view to resolving matters but was rebuffed by the worker.

Where a worker refuses, repeatedly to engage with an employer to try to resolve matters that arise in the workplace, there is very little that can be achieved to further matters. There is an onus on an employee to engage with the employer or, at the very least, to use the procedures that are in place to deal with workplace disputes. In the absence of engagement, the matter cannot be resolved and a worker cannot seek to rely on her refusal to engage to bring matters to a head.

IR disputes – worker failed to engage with employer – recommendation to engage to avail of opportunity to resolve matters.