Worker

Employer

Anonymised Parties

Security Worker

Security Organisation

Representatives

Representative Association

IR 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 - 00002948

02/08/2024

The worker attended at her place of work after  being flooded at home. That incident was very upsetting, and she requested leave. Unfortunately, due to the demands on the service at that time and the number of colleagues who were on leave, it wasn’t possible to facilitate that request.

The manager of the worker was not sensitive to the very significant emotional upset and financial pressure caused by the flooding. While it can’t be determined what the intent of the manager was, the worker perceived comments made to be very insensitive.

This grievance seeks a resolution where the worker moves forward.

The worker believes that arising from how her manager dealt with her request on the day for special leave, and what she perceived as grossly insensitive remarks about her very real loss to her home, her anxiety and stress increased substantially. It raised questions about how she could work in a small team and feel that personal circumstances and difficulties would be sensitively listened to. Her perception was that an extreme event where her home was flooded was seen as an insignificant event that was joked about when an objective person would see the challenged being faced as fraught with emotional and financial challenges.

The Employer is very sensitive to the issue raised by the worker and conducted a fair and thorough investigation. It provided for a transfer to another place of work and concluded that the comments made were ill judged.

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

The recommendation made does not attribute wrong to either party. However, when  a party avails of this route to seek a resolution it must be understood that the recommendations are made subject to being accepted by both sides as full and final settlement of all matters connected to the dispute and any perceived injury attributed to the events detailed in confidence at the hearing.

The internal investigation recommended a transfer. In the exceptional circumstances of this case and that it cannot be used to establish any precedent for any other worker, the conclusion of the internal investigation that a transfer should be facilitated, I strongly recommend a transfer to an area in the Munster area such as Cork County.

The worker has detailed losses that have been incurred including the impact on service and other benefits. The recommendations made do not and cannot change the rules as agreed and set out in contracts and agreements. It also is important to note that the process of resolving a trade dispute relates to a voluntary process and it is not an adjudication.

A recommendation made under section 13 of the Act must ensure that no precedent is established that undermines the wider employee relations balance. It also cannot be a recommendation connected with rates of pay, hours or time of work, or annual holidays of a body of workers.

I have carefully considered the case made by the worker; however, it must be understood the process before me is a trade dispute and it is about recognising the interests of both parties to the dispute.

In addition to a transfer, it is also recommended  for the ill-judged remarks as noted in the internal report a sum of €5000 to be paid to the worker. This an amount not to be linked to any one specific head of loss and is solely linked to the conclusion in  the internal report concerning remarks that were ill judged.

The acceptance by both sides of this recommendation to be formally signed  as a full and final settlement of all matters related to the grievance.

Grievance-Transfer