Case Number: ADJ-00008029. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00008029
• Date: 06 October 2017
• Parties: Employee v Employer

ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00008029

Parties:

	Complainant	Respondent
Anonymised Parties	A Health Care Worker	A Hospital

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00010667-001	05/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00010667-002	05/04/2017

Date of Adjudication Hearing: 05/09/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

1: Summary of Complainant’s Case: Complaint No 1

Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00010667-001	Reduction in Hours, Failure to engage with Complainant, Bullying and Harassment.

The Complainant alleged that her hours of work had been reduced in the closing weeks of 2016 and early 2017. She had raised these issues with her immediate Superior but received no adequate response. All efforts to seek a resolution had failed. In addition the manner that the Hospital had treated her both personally and in terms of her legitimate case had been a clear case of Bullying and Harassment.

Complaint No 2

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 CA-00010667-002 Attempts to orchestrate the Complainant’s resignation.

The Respondent employer had, by means of systematically reducing the Complainant’s hours, sought to orchestrate her resignation.

2: Summary of Respondent’s Case:

Complaint No 1 Act Complaint/Dispute Reference No. Summary Complaint Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 CA-00010667-001 Reduction in Hours, Failure to engage with Complainant, Bullying and Harassment.

The Respondent was first made aware verbally of the Complainant’s complaint on the 8^th February 2017. The issue was not resolved at Supervisor level and the Hospital indicated on the 22^nd February 2017 that they were referring the issue to the Hospital’s Internal Grievance Procedures. The Complainant was advised of the appropriate Trade Union contacts.

The Complainant did not utilise the Trade Union but sought to engage the services of her father to represent her. This was not within the terms of the Grievance procedures. Accordingly the Grievance process did not proceed and the claim was referred to the WRC.

In relation to the claimed pattern of Reduction in Hours the Respondent provided detailed statistics to support the case that there was nothing out of the ordinary in any hours issues with the Complainant. The issues had been the subject of ongoing discussions with SIPTU, the Trade Union involved for the Catering staff. The Complainant was one of a number of catering staff being dealt with collectively, in keeping with good Industrial Relations procedures. The Complainant should have availed of accepted procedures to resolve her complaints.

In relation to a claim of Bullying and Harassment there is absolutely no required prima facie evidence being advanced. The Hospital has well...