ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053275
Parties:
| Complainant | Respondent |
Parties | Catherine Tracey | HSE -Dublin & Midlands |
| Complainant | Respondent |
Representatives | Self-Represented | David Beegan, Human Resources Department, Dublin South |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00065182-001 | 26/07/2024 |
Date of Adjudication Hearing: 17/12/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act, 1994 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issue in contention concerns an allegation by the Complainant, a Dental Nurse, that the Management of the HSE have refused to provide her with a new /amended statement of her terms and conditions. The Complaint is employed as a Dental Nurse in Dublin. The employment commenced in April 1998 and continues. The rate of pay was stated to have been the HSE Dental Nurse Scale for 35-hour week.
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1: Summary of Complainant’s Case:
The Complainant was self-represented and gave an Oral testimony supported by details on her complaint form. She had suffered a work accident, and the Occupational Health Department had recommended a redeployment to a different role. An offer to a Clerical role at Grade Three had been made but was unacceptable as it was on a lower rate of pay. No further offers had been made. The Complainant continues to attend at her normal place of work but has no effective job or duties. Her request was to have an updated Job Description to reflect her current anomalous situation. |
2: Summary of Respondent’s Case:
The Respondent was represented by Mr Beegan of Central HR. Oral Testimony was given supported by a written submission. Mr Beegan stated that there was no case under the Act as there have been no changes to the Complainants’ terms & condition of employment such as to require a new or changed statement. Extensive documentary evidence was presented in evidence. |
3: Findings and Conclusions:
The sworn evidence from Mr Beegan for the HSE supported by extensive documentary material was that no material changes to the Complainant’s T&Cs had taken place. She remained in the grade of Dental Nurse employed at her workplace in the Dental Clinic at Crumlin. The Complainant did not deny this but stated that she no longer had any effective day to day duties at Crumlin. On the balance of probability and having heard the sworn testimony from both Parties the Adjudication conclusion has to be that no material changes to the T &Cs of the Complainant such as to warrant any changes under the Terms of Employment (Information) Act, 1994 (Section 5) took place. Section 5 is set out below for information. Notification of changes. 5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than— (a) the day on which the change takes effect, or
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: 00065182-001
The complaint is not Well Founded.
It fails.
Dated: 27th March 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Information re Changes to Terms and Conditions of Work |