Worker

Employer

Anonymised Parties

A Nurse/manager

A Medical Clinic

Representatives

  Self Represented

A Legal firm

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 - 00004162

17/04/2025

The Worker stated she was employed as a Snr SCM/Manager and the Respondent denied that this was her role and that she was a Nurse. The Worker sought to be returned to her old role after she was moved following an investigation. The Worker felt she was moved unfairly.

The Worker submitted a complaint that she was bullied and there was poor communications with management and that she had been moved from her role to another role unfairly.

She questioned the fairness of the Investigation report and its conclusions.

The Worker advised she was on sick leave for a few months and now was on uncertified sick leave.

The Worker questioned the appointment of the people who replaced her.

The Worker wished to be restored to her previous role/location.

The  Employer operates a Patient Welfare clinic for alcohol and drug Users.

The Employer received allegations concerning issues in the Unit and conducted a preliminary investigation and concluded that a full investigation was required.

The Final Investigation Report recommended that the Worker be moved to a different Unit.

The Employer stated that the welfare of patients was most important to the Employer.

No action was taken by the Employer in relation to discipline, reduction in pay or hours in connection with the Worker.

The Worker has not set out a complaint that the Employer can respond to.

The Worker did not use the company grievance procedure.

The Employer is not in a position to move the Worker back to her old location.

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

It is not an Adjudicators role to reinvestigate matters already investigated by the Respondents full time Investigation team.  At the Hearing it was obvious that the Respondent was not in a position to move the Worker back to their old role but that they had a compatible role at the same pay and hours which was available should she be fit to return to work. The Worker was not happy to accept this proposal and wanted the Adjudicator to recommend that the Employer move her back to her old role. The Worker has not initiated the formal grievance procedure regarding the investigation conclusions and not given the Employer the opportunity to address the matter formally through the grievance procedure. The Workers view was this would be a waste of time.  It is not in the Adjudicators remit to overrule a detailed investigation report conclusions especially since it involves the safety of patients in a vulnerable state. Using the internal grievance procedure is a fundamental principle of industrial relations and for the Worker to expect a WRC Recommendation in her favour without having used the internal grievance procedure is not realistic.

I recommend that the Worker complete the course of therapy she is undergoing at the Employers request and expense and give careful consideration to accepting the current situation and return to work in the role offered or failing her acceptance of that, initiate the formal internal grievance.

Trade Dispute