ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000817
An Employee, working as a Surgical theatre aide v. A Hospital
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998
Date of Adjudication Hearing: 10/05/2016
Workplace Relations Commission Adjudication Officer: Emile Daly
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, 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).
Complainant’s Submission and Presentation:
I started working in the hospital from July 2007 as a part time theatre aid and i work as customer care team in private company from Jan 2013. I was getting my schedule less than a week prior I am due back to work in the hospital which mean I can give enough notice to my other job for my available dates. On the incident date (29/July/2015) I have an argument with my team leader over my schedule. I tried to talk to him in a private room but he came out and start raising his boss to me while staff passer by heard us.I was embarrased and humilated. I rang the HR for help and immediately addressed. My team leader came to see me in the room twice, I felt i was forced to go back to work, after few minutes I collapsed on the floor and woke up in bed in the recovery room and brought to emergence department for monitor. I tried to go back to work after the incident but only went back for few days as I felt other staff seen me different person. I see advice and always passing me to different person. I applied for another position in the hospital but still let down. I was neglected with follow up, the management neglected me to refer to occupational health offer me a help.I had to go to my own gp and psychologist for advice and doing research. I went to see and make an appointment in the hospital occupation health as advice of one of the siptu representative , the doctor immediately addressed the issue to the HR management which this is too late. The HR rang me only last tuesday 1 dec 2015 after a visit of the doctor on the 30th of November 2015. The HR give me for a intrerview for next dec 8 for permanent position, But this help from them supposed to be addressed right after the incident? I realised too while I was employed as partime theatre Aide I was only given few trainings but most of the training was neglected on me, even I only work part time I also have the rights for trainings and studies. I am aware also that since 2007 till the the 27th of July, 2015 I was getting paid when I was off sick with or without sick certificate from the doctor. This was addressed from the HR. From the damages, humiliation, my mental well being and my own life gave this a huge impact on my daily life. I feel of hopeless trying and looking seeking for advice and help from others. Kindly advice me for more information and assistance. thank you and god bless
There was no appearance on or on behalf of the Complainant at the hearing
Respondent’s Submission and Presentation:
The Respondent representative stated that the Complainant had been relocated to another work position since the complaint issued.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
As there was no appearance on or on behalf of the Complainant at the hearing, the case was dismissed for want of prosecution.
Dated: 15th July 2016