Worker

Employer

Anonymised Parties

Worker

Emergency Service

Representatives

Trade Union Representative

Employee Relations 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 - 00002630

15/05/2024

The worker was successful in achieving a place on a promotional panel.

However, due to an issue raised which required review it was not possible to provide the necessary approval to be considered for promotion.

That matter was resolved. However, unfortunately the worker was diagnosed with a serious illness and was absent from work. In turn until the occupational health team approved the worker to be fit for work, it followed that consideration for promotion could not occur.

The worker had written several emails from the time he was placed on the panel about his standing and what was holding up his promotion.

It is accepted that there was an absence of communication for several months. However, it is not the case that the emails and communications were being ignored.

The dispute as framed is primarily about the delay to promote the worker.

That has recently occurred, and the promotion has been backdated to March 2024. As the worker was absent from September 2023 it cannot be said that a loss has occurred.

The dispute as referred was about the delay in promoting the worker. However, a secondary grievance was the omission to answer several emails when the member was anxious about his promotion.

The substantive matter has been addressed. It is accepted that some communications were not addressed. This did not mean that the issues raised were ignored.

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

The dispute as referred has been substantially resolved.

There have been delays and omissions in replying to the worker on several occasions. However, that is not the case for all his communications.

As the substantive matter referred has been addressed that must place the issue of communication in a different light and as a secondary grievance.

As the secondary grievance is of significantly less importance the recommendation to address this omission must be proportionate.

I recommend that the Employer pay a nominal amount of €450 to the worker for the omissions concerning replying to emails.  This recommendation cannot be used as a precedent for any other worker and is being made in full and final settlement of the dispute. The settlement is confidential and cannot be referred to in any other referrals or disputes and is solely being made having regard to the unique and difficult circumstances that the worker has experienced allowing for his ill health.

Promotion-Communication