Worker

Employer

Anonymised Parties

A Clerical Worker

A Transport Organisation

Representatives

  National Bus and Rail 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 - 00001092

08/02/2023

The worker commenced employed in April 2011 and has raised a dispute with regards to how her grievances have been dealt with by the employer.

The worker submits that she raised five grievances with the employer and that the worker has had the most unsatisfactory experiences in attempting to have her issues dealt with.  The worker lodged grievances pertaining to her treatment at work, endeavouring to have them resolved as they were having a most profound and detrimental impact upon her health.  She is under the care of the Chief Medical Officer and has been undergoing counselling as a direct result of these work-related matters.

The medical report stated that the “occupational stress has had a very significant impact upon her health, especially her mental health” and the worker’s grievances were not dealt with in a timely manner.   The dispute regarding the length of time it took to deal with her grievances in a timely matter has been resolved between the parties. The matters that remain to be heard are disputes with regards to the substantive grievances.

The first grievance was with regards to equal opportunity, was submitted on 11/11/20, was heard on 14/01/21 and outcome issued 22/01/21. The worker submitted that an opportunity for a temporary post was given to a colleague without competition.  This resulted in the colleague receiving a promotion.

The second grievance, regarding less favourable treatment/victimisation was raised on 06/04/2021 heard 07/11/2022 and outcome issued 24/11/2022. The worker was unhappy with the inappropriate way feedback was handled and being told that she “had a sense of entitlement”. 

The third grievance, regarding welfare scheme/sick pay was raised 24/10/21, heard 7/11/2022 and outcome issued on 14/11/2022.  The worker submitted that she has been at the loss of 3 days pay as a result of the employer’s failure to honour the medical report.

The fourth grievance was raised on 05/04/2022 regarding falsehoods and the employer refused to hear this.

The fifth grievance was raised on 14/09/2022 regarding hybrid working, was heard 7/11/2022 and outcome issued 14/11/22.  Despite repeated requests by the worker to explain the business need to change her hybrid work pattern, no actual explanation has been forthcoming.  The worker agreed to work under protest and the matter was referred to the WRC.

The worker’s physical and mental health has suffered greatly and she has also suffered financially. She has to date spent thousands on medical bills and endured severe hardship.

The worker commenced employment as a clerical officer in April 2011 and has worked in various roles. During the period 2020 and 2022 the worker raised separate matters, all of which were investigated consistent with the employer’s Grievance Procedure of Stages A, B, C and D.  The employer did not dispute the dates submitted regarding the grievances and advised that any matters arising from delays has been dealt with.

It was submitted that each Grievance was investigated thoroughly, fairly and independently with the decision from each communicated to the worker.  It was further submitted that owing exclusively to the pandemic, the worker and others have been working remotely. In April 2022, following agreement with the unions the employer launched a Remote Working Policy and since June ’22, local management have agreed hybrid working arrangements with their direct reports. Since December 2022, agreed working arrangements have been implemented.

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

It was evident to me that the worker remains upset by previous events which she spoke about at the hearing and the continuing impact that they are having on her. I have taken into consideration the grievances raised in the worker’s submission, the impact on her and the efforts made by the employer to deal with her grievances and owing to the unique circumstances of them I recommend as follows:

Firstly, the worker should be paid compensation of €1,000 for the upset caused and where there may have been failures in dealing with all the aforementioned matters including matters regarding her loss in pay.

Secondly, the employer should take note of any future medical reports, including from their own Occupational Health to ensure that recommendations are dealt with appropriately.

Thirdly the employer should continue to support and assist the worker, where appropriate, with regards to development opportunities.

Finally, the employer should continue to engage with workers through the organisation’s established practices, to ensure that policies such as hybrid policies continue to allow for sufficient flexibility where deemed appropriate.

Taking into consideration the collective five grievances raised in the worker’s submission and owing to the unique circumstances of them, I recommend as follows:

Firstly, the worker should be paid compensation of €1,000 for the upset caused and where there may have been failures in dealing with all the aforementioned matters including matters regarding her loss in pay.

Secondly, the employer should take note of any future medical reports, including from their own Occupational Health to ensure that recommendations are dealt with appropriately.

Thirdly the employer should continue to support and assist the worker, where appropriate, with regards to development opportunities.

Finally, the employer should continue to engage with workers through the organisation’s established practices, to ensure that policies such as hybrid policies continue to allow for sufficient flexibility where deemed appropriate.

Policies, agreement, hybrid, grievances