Worker

Employer

Anonymised Parties

Health Care Worker

Health Service Provider

Representatives

Lisa Connell Fórsa Trade Union

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

IR - SC - 00001932

27/10/2023

This referral has arisen due to the lengthy period to conclude the internal grievance process. A referral under the Act is not an investigation of the matters that were determined in accordance with the Grievance Procedure. It is a review of how the process worked and how the deficiencies as perceived by one party gave rise to career limiting consequences and absence from work due to stress.

The other party involved in this matter was not present at the investigation and it can reasonably assumed that both sides found the process stressful and difficult.

The purpose of the referral is to help move the process forward and that the referring party can find closure based on her grievance stemming from the delay.

This issue has its origins during Covid a time of huge pressure on the Health Service. Health care workers were in the frontline and also were at high risk of being infected and infecting others. In this case there was real concern about a family member who was vulnerable and more at risk to Covid.

A request to comply with Covid practices has given rise to a lengthy grievance investigation. However, the very nature of dealing with the Pandemic has very significantly contributed to delay.

A very detailed chronology of the events and grievance process has been submitted by the Worker.

It is clear that what at face value was a simple request to wear a mask became a major career limiting incident. The Grievance process on paper should resolve matters; however, the Worker experienced the process to be torturous and exacerbated her stress level. She attributes her absence from work to the huge stress experienced arising from the lengthy process.

The Employer values the Worker and her contribution to the service. The matter raised must be viewed in context and the Pandemic where Health Care workers were working under huge pressure and stress.

There were deficiencies in the process; unintentionally, arsing form the constraints and demands created by the Pandemic.

The process while slow was impartial and fair to both parties.

The raising of a grievance is stressful; however, that anxiety arises for both parties.

The Employer is looking for the matter to be amicably resolved and for a new chapter to begin for all parties.

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

It is clear that the worker’s career did change fundamentally arising from a simple request to wear mask made to a colleague. That merits of the case have been extensively examined. This referral is about the delay in the process and not about the findings of the internal investigation.

This case is not about financial loss or compensation rather it is about a grievance that has escalated where a career has been fundamentally impacted. That is not a judgement on the findings, rather an observation on the reality of managing a difficult and prolonged investigation.

There are reasons for the time to conclude the internal procedure and the backdrop of the Pandemic was a significant factor.

The Employer attempted to navigate a difficult path fairly to both parties. However, this worker has detailed the impact that has had on her.

In full and final settlement of all related matters to the grievance and without prejudice to any party I recommend that the employer make an ex-gratia payment of €11,0000 to the worker and that the terms remain confidential to the parties. This payment solely relates to the delay in finalising the internal investigations and does not in any way by inference or determination  make any finding concerning the substantive matter.

Delay