ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference:
Parties:
| Worker | Employer |
Anonymised Parties | A Cleaner | A Nursing Home |
Representatives |
| Joan Somers-Meaney, Independent Nursing Consultant |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
CA-00027513-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Worker started her employment with the Employer on 12th July 2008. She is currently employed as Household Staff / Cleaner. The Worker submitted her complaint to the WRC on 4th April 2019 alleging that she has been bullied in the workplace. |
Summary of Worker’s Case:
The Worker submits that she has constantly been bullied and undermined by several staff members in the nursing home. At the adjudication hearing, the Worker described a great number of events which she believed constituted bullying. These related to, but were not limited to matters such as a verbal warning she received in 2018, being “given out” to, the carers making her work more difficult, her trolley being left dirty, dirty pads left on the floor etc. The Worker made also serious allegations in respect of abuse of residents. She confirmed that she had reported this matter to the relevant authorities. The Worker said that her solicitor advised her not to engage with the Employer. She confirmed that she receives regular advice from her local Citizens Information Office. The Worker confirmed that she is seeking the Employer to promote her to a position of a carer and to increase her hours of work to 39 hours a week. |
Summary of Employer’s Case:
The Employer denied any accusation of bullying. The Employer stated that it employed an Independent Nursing Consultant to deal, inter alia, with the matters raised by the Worker. The Employer noted that every member of staff is encouraged to report any matters of concern they may have, and all issues reported by the Worker were investigated as far as possible given the lack of engagement on part of the Worker. The Employer noted that these were, essentially operational issues, some of which are not acceptable and must be dealt with. However, the matters raised are not related to bullying. The Employer noted that it has a grievance procedure in place but the Worker declined to engage in the process. The Employer said that it did not receive the letter of November 2018 from the Worker. EM of the Employer confirmed that he received an email from the Worker in December 2018. However, he was unable to access and read it and he subsequently received a copy of same in May 2019. At this stage he spoke to the individuals named by the Worker and it appears to him that there was no bullying. He said that he spoke with the Worker and advised her that she would need to give him some evidence of the alleged bullying. The Employer pointed out that the matter of verbal warning is moot as the warning expired in May 2019. In respect of the hours of work, the Employer noted that in 2008 the Worker requested that her hours be reduced and currently there is no possibility to increase the hours. In respect of the Worker’s request to be reverted to the position of a carer, the Employer submits that the Worker does not hold the relevant FETAC Level 5 qualification required and therefore, she cannot be employed in that role. |
Findings and Conclusions:
Having heard the submission of the parties to this dispute I find as follows: The Worker has a long list of grievances, criticisms and complaints mainly about how the Employer operates its business. The Worker was encouraged to identify and describe her concerns, particularly those in respect of the alleged bullying at the hearing. Having carefully considered the Worker’s submission I find that the matters raised relate mainly to operational affairs rather than bullying. I note that, particularly since the appointment of the Independent Nursing Consultant an effort has been made by the Employer to engage with the Worker. The Worker advised the hearing that she was legally advised not to do so. The parties usefully engaged at the hearing and the Worker undertook to engage with the Employer to allow the Employer to carry out a comprehensive review of the situation underpinning the Worker’s claim. Consequently, given the positions as evidenced during the discussions at the oral hearing of the Worker’s claim and the displayed willingness and bona fide of both parties to resolve the matter, I am satisfied that a basis clearly exists for the satisfactory resolution of this claim at local level. The parties mutually agreed at the hearing that Ms Sommers–Meaney is acceptable to both sides to conduct an investigation into the Worker’s grievances. However, on 22nd July 2019 Ms Sommers-Meaney informed the WRC that, given the Worker’s actions post-hearing and the comments she made in reference to Ms Sommers-Meaney she was left with no alternative but to withdraw from the process. I find that the continuous refusal of the Worker to engage with the investigation process, despite the Employer’s attempts to allay her concerns, has left the Respondent in an impossible situation. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Having carefully considered all of the submissions and based on the findings as detailed above, I make the following recommendation:
Given all the circumstances, I recommended that the parties engage in direct discussions at local level in an effort to resolve the matters at issue. This process should contain of the following elements: · The Worker will fully engage with the Employer. · The Worker will set out, in as much detail as possible, the exact details of her grievances, particularly in respect of the alleged bullying. · On receipt of the above, the Employer should draw up Terms of Reference for an independent investigation into to allegations, to be agreed with the Worker. · An independent investigator will be appointed to conduct such an investigation. · The independent investigator will conduct the investigation and issue a report. · Both parties will apply themselves to the addressing and, hopefully, resolution of the Complainant’s claim, at local level.
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Dated: 29th July 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Industrial Relations Act - bullying- operational complaints |