Worker

Employer

Anonymised Parties

A Nurse

A Hospital

Representatives

A Union Official

A Regional ER Advisor

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00004177

23/04/2025

The Worker contends the Employer (i) failed to follow the correct procedures for recouping an over payment of wages, and (ii) failed to adhere to the timelines provided for in the grievance procedure.

At the time this dispute was referred to the WRC, the Worker was waiting the outcome of stage 3 of the grievance procedure.  The outcome issued prior to this hearing.  At the hearing, the Worker’s representative confirmed that the Employer will meet face-to-face with the Worker to explain the over-deduction, and that this satisfactorily deals with the first element of the Worker’s dispute.

The second element of the Worker’s dispute concerns the excessive delay the Worker experienced in having her grievance dealt with.  The Worker acknowledged that there may have been certain management issues that contributed to the delay, but not withstanding this, the delays were disproportionate and showed a fundamental disregard for agreed procedures.  The Worker should be compensated for the failure to follow the timelines set out in the grievance procedure as there must be a deterrent against failure to fully adhere to the agreed timelines within that procedure.    

The Employer acknowledged the delay in dealing with the Worker’s grievance as part of the outcome of stage 3 of the grievance procedure.  However, no compensation should be recommended as the grievance procedure does not provide for this, and it has the potential to alter a nationally agreed procedure. 

In conducting my investigation, I have considered all relevant submissions presented to me by the parties.

In relation to the first element of the Worker’s Grievance, at the hearing the Worker’s representative accepted that the outcome of stage 3 of the Grievance Hearing (which was not received until after the dispute was referred to the WRC) acknowledged the confusion of the Worker with respect to the over payment of wages, and the Employer has now agreed to meet with the Worker to explain how the over payment occurred.  The Worker’s representative acknowledged that this deals with the first element of the Worker’s dispute.  At the time of the hearing, this meeting had not yet taken place.  I recommend the meeting takes place (if it has not already done so) within two weeks of this Recommendation issuing to the parties to avoid any further delays in putting this element of the dispute to rest.

The second element of the Worker’s dispute was the delay in having her grievance processed.  The Worker acknowledged that there were some difficulties for management which contributed to the delay.  The Worker outlined that, the delays in bringing her grievance to stage 3 of the procedure which were more than 18 months at the time of the referral of the dispute to the WRC, were inordinate and that compensation should be paid to act as a deterrent in delaying the processing of individual grievances. 

There is an onus on all parties to fully comply with the terms of an agreed procedure.  I note the Worker had to follow up on her requests for grievance hearings and that when a grievance hearing did take place, the Worker had to follow up to get an outcome to that hearing.  I note the Employer accepted that there was a delay in processing the worker’s grievance; that this was unacceptable; and that it fell short of the standard the Worker was entitled to expect from any HR process. 

I am satisfied the grievance procedure was not fully adhered to by the Employer and that the delays were unreasonable in all the circumstances of this case.  As noted by the Labour Court in An Garda Síochána and A Worker (LCR23186), it does not automatically follow that in cases where procedures are not adhered to that monetary compensation should arise as a resolution. However, in the circumstances of this case, I recommend the Employer pay the Worker compensation of €750 within 4 weeks of this Recommendation issuing to the parties, in full and final settlement of this element of the dispute.

I recommend the Employer pay the Worker compensation of €750 within 4 weeks of this Recommendation issuing, in full and final settlement of this dispute.

Delay in processing a grievance.