Deviation from Company Policy

Background

The case of a Health Support Worker v a Healthcare Organisation (IRSC0000049) examines the circumstances when an employer deviates from its own internal policies and procedures.

The Health Support Worker (the Complainant) brought a complaint under Section 13 of the Industrial Relations Act, 1969 against a Healthcare Organisation (the Respondent) to the Workplace Relations Commission (WRC), alleging that a disciplinary process adopted by the employer was fundamentally unfair towards her. 

In denying this allegation, the Respondent submitted that the process was conducted in accordance with all of the Complainant’s natural and contractual rights and that the sanction subsequently imposed was proportionate to the wrongdoing alleged. 

In summary, the Complainant alleged that the Respondent did not allow her to have sight of the terms of reference at the outset of an investigation and that the Respondent did not engage in a preliminary screening of the allegation upon receipt, as required in the company’s own documentation.

Ultimately, the Adjudication Officer decided that, while the Respondent had suggested that an investigation followed the principles of natural justice, there was a deviation from the company’s own policies and procedures.

The Adjudication Officer determined that: “the position here is relatively simple – if the Employer has set out policy, they are required to follow the same. While the Employer has suggested that the investigation followed the principles of natural justice in all other respects, this does not mean that they can simply abandon the parts of their policy that they deem overly onerous and time consuming.”

The Adjudication Officer went on to note that, as the parties were no longer enjoying a working relationship, he recommended that the Respondent pay the Complainant the sum of €2,000 in compensation in finalisation of the dispute.

Takeaway

The takeaway for employees considering bringing a complaint under Section 13 of the Industrial Relations Act, 1969 is to ensure that the outcome requested is achievable. The Industrial Relations Act only permits an Adjudication Officer to make a recommendation only.

For employers, it will be necessary to demonstrate that, in any investigation or disciplinary process, they can demonstrate that they adhere to their own internal procedures.

Further information

This article was prepared by Barry Crushell for informational purposes only. For further advice, please email contact@crushell.ie or contact the offices of Crushell & Co Solicitors.