Worker

Employer

Anonymised Parties

Housekeeper

A Public Hospital

Representatives

Eoin Drummey of UNITE the Union

 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 - 00002908

26/07/2024

The Worker made a Grievance complaint against the Organisation. At Stage Three (3) Grievance was upheld in the Workers favour. The Worker is now seeking an Apology and or Appropriate Compensation for the upset and distress she suffered in the original incident and subsequent Grievance / Appeal process.

The Employment began on the Ist May 1985 and continues.

The rate of pay was stated by the Worker to have been € 1,028 per fortnight for a 36-hour week.

The Worker was represented by UNITE -Mr Eoin Drummey. She gave an oral testimony to support a comprehensive written submission.

It was emphasised by Mr Drummey that the Worker had over 39 years “unblemished” service in the Organisation.

Following an incident with a local Manager in January 2021 the Worker had gone through a lengthy internal Grievance Procedure. The Outcome was at Stage Three (3) in the Worker’s favour.

Mr Drummey stated that the Outcome had highlighted a number of quite serious local Managerial shortcomings especially a lack of fair procedures in the handling of the case.

The Worker had suffered considerable unwarranted stress and personal upset in the process. She had over 39 years’ service and her good name and unblemished reputation were very important to her.

An award of Compensation and an Apology from the Management was now the very least that was warranted.

The Employer was represented by a senior HR Manager. An Oral testimony supported by a Written Submission was presented. It was accepted that a full Investigation and Grievance Process had taken place resulting in a Stage Three finding in favour of the Worker.

The HR Manager acknowledged that the Stage Three finding had been in the Worker’s favour and in so far as possible local Management had sought to apologise for the upset caused. The long-standing honourable record of the Worker was warmly acknowledged.

However, internal Policies in the Organisation, which has a national remit, do not provide for Compensation Awards in the case of Grievance Outcomes. To do so in this case would have a National /” Body of Workers” Precedent setting effect that would be most inappropriate and effectively outside the remit of an Adjudication Officer under the Industrial Relations Act,1969.

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

It was recognised that this case was under Section 13 of the 1969 Industrial Relations Act. A lengthy discussion took place between the Parties to this case.

It was recognised that the Worker had very long and honourable service.

However, the Employer Procedures, determined Nationally, precluded awards of Compensation in Grievance Outcome situations. It was recognised that his was for good Industrial Relations reasons. The Union tacitly accepted this fact but nonetheless felt that some form of redress should be found. The long service of the Worker was mentioned by the Union as an almost exceptional ground.

 In verbal discussions with the Adjudication Officer and the Parties, especially the Worker personally who gave a very impressive Presentation, it was recognised that she had worked loyally for the Organisation for 39 Years. She had a deep personal commitment to Patient care.

It was clear that the Worker was not seeking a major financial award but more an appropriate gesture of Recognition for some 39 years faithful service to all Patients of the Hospital.

In discussions a suggestion that the Employer make a charitable donation to the local St Vincent de Paul Society was suggested as a possible outcome. This was not Financial Benefit and as such should not create any issues of precedent for the Employer.

All Parties appeared to feel that this would be an appropriate outcome for the Worker and once it was clear that it was non precedent setting, might be acceptable to the Employer.

The Adjudication Officer was requested to make it clear that any Recommendation to this effect would be absolutely Red Circled to this case and completely non-precedent setting.

Grievance Appeal.