Worker

Employer

Anonymised Parties

A security worker

A security firm

Representatives

  Self-represented

 HR Manager

Act

Dispute Reference No.

Date of Receipt

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

CA-00062662

08/04/2024

The Worker referred a complaint under the Terms of Employment (Information) Act, 1994 (“the 1994 Act”). The subject of the complaint, as reflected in the narrative of the complaint form, did not come within the ambit of the 1994 Act. Since the complaint was referred to the WRC, the parties have resolved the main concerns of the Worker. The Worker continues to be employed by the Employer and the parties are now anxious to move on. The parties agreed that the nature of the issues, as per the narrative of the complaint form, constitute an individual dispute under s 13 of the Industrial Relations Act, 1969. The parties agreed to proceed with the hearing on the basis that the Adjudication Officer would issue a Recommendation on the dispute.

The Worker outlined that he made complaints, including written complaints, concerning the conduct and competence of a colleague. He requested a move from night shift to day shift, and part-time hours rather than full-time hours. The Worker outlined that he found it difficult to get a straight answer from the Employer on these issues despite raising the issue over a four-month period. He has now started a part-time role during day hours and he is happy with this but he is looking for reassurance with respect to this agreement. The Employer emailed a soft copy of the part-time contract of employment to the Worker; however, his preference is to receive a hard copy and that he manually signs same. The Worker outlined that he does not anticipate having any further difficulties with his colleague as he will no longer be required to frequently interact with him. The Worker outlined that he works varying hours with a second employer. The Worker outlined that he found the situation stressful which resulted in him taking a number of days sick leave. He calculates that he is out of pocket by approximately €2,500 because of this and that he should be compensated for that loss.

The Employer acknowledged and responded to the Worker’s concerns each time he sent a message to his manager or HR. He was asked to stop sending WhatsApp messages in the early hours of the morning and to desist in verbally abusing his colleague. The HR Manager requested the Worker to make a formal complaint rather than sending voice notes and WhatsApp messages. The Worker’s manager and HR looked into the Worker’s concerns regarding his colleague and were satisfied that the behaviour complained of was without malice. The HR Manager requested the Worker to meet with her on several occasions but the Worker was not available. When the Worker returned from sick leave and a period of annual leave, the parties met and it was agreed that the Worker could switch to part-time day hours. This will also mean that the Worker and the work colleague he has a difficulty with will not be required to liaise with each other on a frequent basis. The Employer outlined that the loss in earnings as a result of sick leave is approximately €633. The Employer outlined that the Worker should not be compensated for that loss as the Employer’s efforts to resolve the issue sooner was frustrated by the Worker’s unavailability to meet. The Worker received his statutory sick leave entitlements. The Worker also is employed by another employer and HR have requested the Worker to furnish the hours of work with that employer to ensure compliance with the Organisation of Working Time Act, 1997. The Worker has failed to do this.

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

The role of the WRC in referrals such as these is to assist the parties wherever possible in resolving workplace issues so the parties can move forward. During the hearing, an agreement was finalised between the parties with respect to part-time day work and concerns regarding a work colleague. I adopt the agreement reached by the parties in respect of these issues in my Recommendation.

One outstanding matter was the issue of loss of earnings while the Worker was on sick leave. The Worker states he is out of pocket because of the delay in addressing his concerns. The Employer states the Worker was not available to meet which resulted in a delay in resolving the Worker’s concerns. The Employer outlined to the hearing the written responses it made and the action taken in response to the Worker’s concerns. It was not in dispute that the Worker received all statutory sick pay entitlements due to him. I am satisfied the Employer did all that could reasonably be expected of it in the circumstances and therefore I do not recommend the Worker be compensated for loss of earnings during his absence on sick leave.

I recommend the Employer provides a hard copy of the part-time contract of employment at the Naas Office for the Worker to sign within one week of this Recommendation. The Worker agreed to sign a copy of this contract and return same to the Employer.

I recommend the Worker engage with his colleague in a respectful and professional manner whenever he is required to do so as part of his role. I recommend if any further concerns arise with respect to this work colleague that the Worker uses the Company Grievance Procedure.

I recommend the Worker provide the Employer with any information it requires in order to ensure compliance with section 33 of the Organisation of Working Time Act, 1997 (as amended).

I do not recommend the Worker be compensated for loss of earnings during his absence on sick leave.

Move to part-time hours and day shift.