Worker

Employer

Anonymised Parties

A Worker

Local Authority

Representatives

Colleen Minihane SIPTU

In House HR Department

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 - 00003563

16/12/2024

The Worker has been employed by the local authority for approximately thirty years, the majority of that time in the role of greenskeeper at a municipal golf course.

In December 2022, following complaints about him, the Worker was called to a meeting that appeared to have elements of a disciplinary interview. However, no written allegations, formal investigation, or disciplinary outcome were ever issued.

Shortly thereafter, the Worker was transferred from his established post at the golf course to a depot position in the city. The Worker maintains that this transfer was imposed unilaterally, without consultation, and that it resulted in reputational damage, distress, and the loss of regular overtime opportunities.

The Employer asserts that the Worker’s pay and grade remained unchanged, and that the redeployment was an internal operational matter. The Employer’s current management team indicated that records of the original process are incomplete or unavailable, and those involved at the time have since left employment.

The matter was not resolved locally and was referred to the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969.  

The Worker submitted that his redeployment was procedurally unfair and represented a de facto disciplinary sanction without due process. He stated that:

• He was not provided with any written details of the alleged complaints or given an opportunity to respond.
• No investigation report or finding was ever furnished.
• His transfer to the depot was arbitrary and punitive in nature.

The Worker further contends that he has been deprived of his professional standing and regular overtime associated with his greenskeeper post. He has continued to seek reinstatement to that position, and requests compensation the way the Employer handled the matter.

He relies on established industrial relations principles requiring consultation, fairness, and procedural transparency in redeployment decisions, particularly when arising from allegations of misconduct.

The Employer acknowledged that the redeployment occurred following complaints concerning the Worker’s conduct but stated that no formal disciplinary sanction was imposed.

The Employer maintains that:

• The Worker’s grade and salary were fully preserved following redeployment.
• The Council retains the managerial right to deploy staff where operational needs require.
• The current management team has limited knowledge of the original process, as the individuals involved have since left the organisation.

While accepting that documentation is lacking, the Employer asserts that the transfer was not intended as punishment and that the Worker has not suffered any formal loss of pay.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. Having considered the oral and written submissions presented, I note that the Employer failed to produce any record of investigation, disciplinary process, or consultation with the Worker prior to his redeployment. I find that the move arose directly from unsubstantiated allegations and that the Employer did not afford the Worker fair procedures or natural justice. In such circumstances, the redeployment cannot be considered a legitimate exercise of management discretion.

I accept the position of the Employer that there has been no loss of earnings. However, I find that the Worker has been subjected to unfair and unreasonable treatment and that the Employer’s failure to clarify or rectify the situation over a prolonged period has exacerbated the harm suffered.

I note that there is an acting person now in the Worker’s position and the employer could give no cogent reason why the Worker cannot revert to his original position.

Section 13 of the Industrial Relations Act 1969