ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001929
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives |
| Employee Relations Manager |
Dispute:
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 - 00001929 | 26/10/2023 |
Workplace Relations Commission Adjudication Officer: Kara Turner
Date of Hearing: 02/07/2024
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 referred to the Commission on 26 October 2023 a dispute in relation to bullying and harassment procedures. |
Summary of Worker’s Case:
The Worker found harsh and stressful her experience in employment from September 2021 when she was suspended from her duties on foot of unfounded allegations. The Worker did not initiate or utilise the Employer’s bullying and harassment procedures. |
Summary of Employer’s Case:
The Worker was employed as a Community Registered General Nurse. Following an occupational health review, the Worker commenced a period of sick leave in October 2021 which continued until her resignation from employment in 2023. The Worker was paid in accordance with the Employer’s sick leave scheme until her resignation. The Employer acted appropriately at all times and in the best interests of the Worker. The Employer remained willing to engage in the retirement on grounds of ill-health process for the Worker. |
Conclusions:
In conducting my investigation, I have taken into account all relevant information presented to me by the parties.
My jurisdiction under section 13 of the Industrial Relations Act 1969 is to investigate the trade dispute referred and to make a recommendation to the parties giving my opinion on the merits of the dispute.
The information before me does not support a dispute or difference between the parties in relation to the Employer’s bullying and harassment procedures.
A difference between the parties, on the papers before me, was in respect of the Worker’s status in employment from September / October 2021 until her resignation.
I am satisfied that following a referral to the Employer’s occupational health service, the Worker commenced a period of sick leave that continued until she resigned from employment. I note in particular in this regard the Worker’s attendances at occupational health referrals, the medical certification, including from her own doctor, that she was unfit for work, the application of the Employer’s sick leave scheme and the payment of benefits under that scheme to the Worker.
It is not within the scope of my investigation to address any difference or dispute between the Worker and the medical opinion of third parties.
The objective in a referral of a dispute under the Industrial Relations Act 1969 is to assist the parties wherever possible in resolving workplace issues. The Worker is no longer in the Employer’s employment and, having regard to all the circumstances, I recommend that this dispute should now be regarded as closed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that this dispute be regarded as closed.
Dated: 07th August, 2024
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Dispute – To be regarded as closed |