ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003101
Parties:
| Worker | Employer |
Anonymised Parties | Home Care Assistant | Home Care Provider |
Representatives | Self | Roberta Urbon ,Peninsula Business Services Ireland |
Dispute(s):
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 - 00003101 | 07/09/2024 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 09/01/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
As this is a trade dispute under Section 13 of the Industrial Relations Act, 1969 the hearing took place in private, and the parties are not named. The parties are referred to as “the Worker” and “the Employer”. Section 13(9)(c) of the Act provides that hearings shall be heard in private and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.
In conducting my investigation, I have considered all relevant submissions presented to me by the parties.
The Worker’s complaint was received by the Workplace Relations Commission on 09/07/2024. The Employer was notified of the Worker’s complaint by letter dated 13/09/2024 and notified of their right under Section 36(1) of the Industrial Relations Act 1990, to object to an investigation of the dispute by an Adjudication Officer within 21 days. The Employer was informed that failure to reply within the period specified will be regarded as consent to an investigation by an Adjudication Officer under Section 13 of the Industrial Relations Act 1969, and the dispute proceeded to hearing.
I am satisfied that no objection to the investigation of this dispute by an Adjudication Officer was received by the Workplace Relations Commission from the Employer.
The Worker attended the hearing, and she was represented herself. The Employer was represented by Ms Robert Urbon, Peninsula, and a representative from the Employer.
I explained to both parties at the outset the way the hearing would proceed, and I clarified for the parties the role of an Adjudication Officer in an Industrial Relations dispute. I clarified that it is a voluntary process and that no formal evidence is taken. In that context there are no findings of fact made. I also clarified there were no complaints under any employment rights statute or any matter of law before me in this specific referral. I explained to the parties that I would be seeking information during the hearing to gain an understanding of the full extent of the issues giving rise to this dispute. At the end of the hearing both parties confirmed that they were satisfied that they were given an adequate opportunity to provide the hearing with all their relevant information.
Background:
The worker commenced employment with the employer on 15/07/2021. On her first home visit she fell and sustained an injury which resulted in her absence on sick leave for three months. She claims that she was bullied and harassed and had to return to work early. She requested a change of location but as a result of this request she was bullied and harassed by staff and she had to leave the employment. |
Summary of Workers Case:
The worker is a home care assistant. On her first day of employment she had an accident on the way to her first client. As result of this she was out of work for a period of three months. She had to return to work early as she had no source of income and did not qualify for any social welfare payments. The worker had a meeting with a manager and requested that she change location from the “south office to the north office”. The worker submits that at this meeting the manager was dismissive and shouted at her. Following this she believes that she was bullied, harassed and humiliated by the staff in the north office. The worker found this situation intolerable and submitted her resignation on 30/12/2021. She is seeking compensation for the effects that this alleged treatment had on her. The worker confirmed that she did not utilise any of the employers’ procedures to highlight her concerns. |
Summary of Employer’s Case:
The employer provides a range of home care services to clients in the north and south Dublin areas. These services encompass personal care, health care and daily support to enable people to continue to live at home. The worker was commenced employment on 15/07/2021 and was provided with and signed a contract of employment which outlined her terms and conditions of employment. The worker resigned with effect from 30/12/2021. The worker was employed for just 23 weeks. She was on sick leave for approximately three months. The employer submits that during the two-month period she attended work the worker did not submit any complaint, either informal or formal, in relation to any concerns she had in relation to bullying and harassment. The employer strongly denies that the worker was subjected to such treatment and it has adequate procedures to deal with any complaints in this regard. The worker was provided with a copy of these procedures along with her contract of employment. The worker submitted her complaint to the WRC just over two and a half years after she resigned. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Having carefully reviewed all the information I cannot find the Employer acted or behaved in a manner so as to leave the Worker with no option but to resign. The Worker did not avail of the Employer’s grievance procedure or make any effort to engage with the employer to resolve this dispute.
Having regard to the foregoing points, and as the worker resigned her position I do not recommend in favour of the Worker. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not make any recommendation in favour of the Worker.
Dated: 27th January 2025.
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Bullying and harassment. Grievance procedures. |