ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002534
| Worker | Employer |
Anonymised Parties | An Employee | A Healthcare Provider |
Representatives |
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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 - 00002534 | 23/04/2024 |
Workplace Relations Commission Adjudication Officer: Una Glazier-Farmer
Date of Hearing: 07/08/2024
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 parties outlined a long history of engagement through the workplace procedures which resulted in four separate Dignity at Work Investigations. |
Summary of Workers Case:
It was the Worker’s submission that her health and reputation suffered due to the Employer’s failure to deal with her Dignity at Work complaint in a timely manner. It was her submission that she was subjected to a prolonged delay, a period of over 7 years, as a result of her Employer. She seeks compensation. The Worker replied upon previous Recommendations of the Labour Court and Workplace Relations Commission including, ADJ-00025588 A Care Worker v A Care Provider and LCR 22562HSE v A Worker were compensation of between €10,000 - €40,000 was recommended. |
Summary of Employer’s Case:
The Employer accepted there had been delays in concluding the Dignity at Work complaint but not all were the Employer’s delay where the Complainant made two referrals to the Workplace Relations Commission and a subsequent appeal of one of the Recommendations to the Labour Court. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Having heard both parties, the delay has been acknowledged by the Employer. A written apology for the manner in which the original complaints were addressed and a list of steps the Employer had taken to ensure the issue does not arise again. This letter was dated 31 October 2023. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
In the circumstances the Employer has apologised, and learnings have been identified and committed to writing, it is recommended that the Worker accept the Employer’s offer of €2,000 compensation.
Dated: 10/10/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Dignity at Work – Investigations - Delay |