Complainant

Respondent

Parties

Nicole  Hanniffy Goodale

McGrath Investments Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

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-00070107-001

20/03/2025

The complainant submits that she did not get a reply to her request for more predictable and secure working conditions.

The complainant commenced employment on 12/01/2025 and her employment ended on 10/03/2025. Her hourly rate was €16 and she submits that her employer did not provide her with a reasoned reply to her request for employment with more predictable and secure working conditions within one month of her request.

The complainant submitted that she had requested cctv footage of an incident between herself and a resident and has not received a response.  She did not pass probation and had been told on 10/03/2025 that she was not to come in any longer. Her schedule changed and she had been very transparent that she runs her own business and was therefore only available certain days and times and the respondent was on full notice of this.  She was hired for 2 weekends a month and was also asked if she wanted 2/3 evenings a week and enjoyed the job.  Before accepting the job she advised of commitments and the respondent accepted this and then the respondent would not honour the commitment.  She was told that requesting one day off far in advance is not allowed and she could request 1 month in advance, but  was not guaranteed the time off.

The complainant demonstrated flexibility when she could.  There was no proper onboarding meeting with managers, no job lists available for any of the positions listing job duties and expectations. She found it difficult dealing with some of the residents and there was little support.  She has developed anxiety especially since she did not pass probation period, and the loss of income has devastated her. She submitted she acted against company policy by raising her voice with a resident. 

The complainant’s evidence was that she requested onboarding and thought that the position she was applying for was with a B & B but it was accommodation for people seeking international protection and she did not fully know what the job was.  Her role was in supervision  and she had been shown around the building and asked the hours and was offered the job.  She was requested to work more hours and she was happy to do that.  The complainant had been told originally that she could work the schedule to suit her other work and then the respondent changed this.  The complainant had requested hours off in April and asked for it in February and was told the schedule would not be finalised that far in advance.  The complainant has requested to work specific weekends because of her other work commitments. She did not believe that difficulties arose because of personality differences and said the conflict resolution training was not appropriate training and was of poor quality.

Under cross examination she submitted she requested cctv and requested terms and conditions and that her requests for time off was done verbally.  The complainant had told Ms A that she needed specific time off and Ms A was very accommodating but then Ms B said that they could not confirm that time off.  She had been communicated the hourly rate of pay and denied she knew that the accommodation housed those seeking international protection.

The complainant commenced working on the 12/01/2025 and was hired as a part time weekend and evening supervisor subject to a probationary period of 6 months. Her place of employment was emergency accommodation centre that houses single, female, vulnerable international protection applications. The complainant was scheduled to work approximately 24-30 hours per week at a rate of €16 per hour. At the time of hiring she communicated her availability as 3 weekends a month and 2-3 evenings per week to facilitate her dog business commitments. She was briefed on the code of standards policy and signed the compliance form on the 22/01/2025 and her terms of employment were sent out on the 31/01/2025 and returned signed on the 05/02/2025 and she also attended Conflict Resolution Training on the 20/02/2025 with the Company Training Officer. This training provides staff with conflict resolution techniques and attendance is compulsory.

During the complainant’s probation period with the company, it was noted that there were a number of instances where in her role as duty supervisor she acted outside of her designated role, making decisions without prior discussion or authorisation from the Centre Manager and Deputy Manager. A complaint was received from a resident regarding an incident that occurred the previous evening. The complainant had issued a written warning to the resident for what she described as disrespectful behaviour and had no authority to issue verbal or written warnings and did not consult with Management before doing this and the resident had to go to hospital.  The complainant displayed passive-aggressive behaviour in both her demeanour and communication towards the resident and used none of the conflict resolution techniques from her training.  Management made the decision the complainant was an unsuitable fit for the company and her employment ended owing to failure to pass probation.  It was submitted that the goal is to create a welcoming and inclusive environment for all and to protect the well-being of employees and they are provided with the necessary training and support necessary to their role. The complainant was trained and never expressed concerns that her working conditions were unsafe to her Manager, Duty Manager, Company Trainer or HR and if she had this would have been addressed as a matter of urgency.

The evidence of Ms McGrath was that she deals with HR and staff matters and the complainant commenced employment on 12/01/2025, worked 24-30 hours per week earning €16 per hour.  There was a rota 1 week in advance given to employees and this seemed to suit the complainant.  The complainant signed what was expected of her and indicated that she understood the role as this was a requirement of employees and this included conflict resolution techniques on 20/02/2025.  Ms McGrath was informed that the complainant was doing things outside her role and that a resident was distressed by her interactions with the complainant and a written warning was issued to the complainant as the complainant did not use conflict resolution techniques and the respondent decided to terminate her employment.

Under cross examination Ms McGrath said the complainant was doing rota and organising files that were not part of her job and moving suitcases to a boiler room.

The complainant submits her complaint was she had requested more predictable working conditions and her employer did not facilitate her.

It is set out in Section 6F that…

.— (1) Subject to subsection (2), an employee who has been in the continuous service of an employer for not less than 6 months and who has completed his or her probationary period, if any, may request a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply from his or her employer.

(2) An employee may, once in any 12 month period, request a form of employment in accordance with subsection (1).

(3) An employer shall provide the reasoned written reply referred to in subsection (1) to an employee within one month of the request by the employee.

(4) An employer may provide an oral reply where a subsequent similar request is submitted by the same worker where the situation of the worker remains unchanged.

(5) This section shall not apply to seafarers or sea fishermen.

It was not in dispute that the complainant commenced employment on 12/01/2025 and her employment ended on 10/03/2025 and the complainant did not pass her probation.  As the complainant has less than 6 months continuous service and did not complete her probationary period, I find that the complaint is not well founded and I dismiss the complaint.

I find that the complaint is not well founded and I dismiss the complaint.

Terms of employment, hours of work, probation