Pharmacy penalised for a lack of procedure and policy in data protection and grievance handling
Background
This dispute concerns a former Pharmacist Technician and their former Employer, a small community pharmacy. The complainant alleges bullying, harassment, and unfair treatment during their employment, while the pharmacy denies these claims, suggesting they stem from misunderstandings or miscommunications. The complaint, filed under Section 13 of the Industrial Relations Act, 1969, includes accusations of discrimination, breaches of privacy, and failure to address personal concerns. Both parties agreed to have the dispute adjudicated by the Workplace Relations Commission.
Complainants View
The complainant claims they were subjected to bullying and unfair treatment, feeling undervalued compared to other staff. Despite raising concerns, they felt ignored or dismissed, which led to increasing distress over time.
When the Employee raised concerns about a medical condition, they felt that the response from management was dismissive and threatening, implying that the condition could affect their ability to perform their job. This response added anxiety, contributing to their decision to leave the role.
The worker was also offended when their condition was incorrectly labelled as OCD. Although the Employer later acknowledged the error, the worker felt disrespected by the comment.
Additionally, the Employee claims that sensitive medical information about their spine condition and personal matters were shared with other staff members without their consent. This breach of privacy significantly worsened the distress they were experiencing.
The worker also felt unsupported regarding their disability, stating that their concerns were not communicated effectively or addressed by the Employer, which led to a breakdown in their working relationship.
Even after leaving the pharmacy, the former worker continues to experience anxiety when encountering their previous Employer. They hope that no other Employee suffers similar treatment in the future.
Respondents View
The Employer denies the claims of unfair treatment, asserting that the former Employee was treated equally to other staff members. The pharmacy acknowledges the Employee’s skills but notes that flexibility was an issue at times, which was not raised formally by the worker.
The pharmacy also denies making derogatory remarks about the worker’s medical condition, explaining that a conversation on the matter was misunderstood and was never intended to offend.
The Employer further states that any flexibility issues were never formally communicated by the worker. They believe that had the worker utilised the grievance procedures, the misunderstandings could have been resolved promptly.
The Employer maintains that their grievance procedures are clear and robust, and that the worker did not use these formal channels to raise concerns. They argue that had the proper procedures been followed, the issues would have been resolved more efficiently.
While the Employer regrets the Employee’s departure, they emphasise that the worker’s contributions were valued. They also note that their organisation has a strong track record and believe any issues could have been addressed had the formal procedures been followed.
Findings and Conclusion
The investigation reveals that the dispute largely stemmed from a breakdown in communication between the parties. The informal management style of the small pharmacy, combined with the high-pressure environment, may have led to misunderstandings. However, the Employer failed to address the worker’s concerns in a timely or sensitive manner.
Though the worker did not fully utilise the formal grievance procedures available, had these been used, it’s likely the issues could have been resolved more efficiently. The failure of the Employer to respond effectively contributed to the breakdown in the working relationship.
Moreover, the Employer’s handling of sensitive matters, such as the worker’s medical concerns and personal privacy, was inadequate. The lack of clear formal procedures exacerbated the issues and increased the distress felt by the workers.
Decision
The Employer is advised to review and strengthen its HR policies related to grievances, bullying, harassment, and diversity. Specific guidelines should be established for handling sensitive matters such as personal concerns, medical conditions, and privacy, ensuring all Employee matters are dealt with appropriately and discretely.
The Employer is also recommended to make a payment of €500 to the Employee as compensation for the distress caused by mishandling issues during the worker’s employment.
Furthermore, the Employer should ensure that all Employee concerns are addressed using formal grievance procedures. This will help resolve misunderstandings more efficiently and ensure that issues are properly addressed.
Recommendations
Establish Clear Communication Channels
Implement formal communication systems, such as regular one-on-one meetings or feedback sessions, to address Employee concerns. This allows Employees to voice issues early, preventing problems from escalating. By establishing clear channels, Employers can address concerns promptly, improving understanding and strengthening workplace relationships.
Identify if there is a need for Grievance or Workplace Investigation Training
In Adare’s HR Barometer Series 8.1 published in September 2024, 74% of Organisations reported experiencing workplace conflict with 20% finding themselves before the Workplace Relations Commission. Management Training sessions dedicated to supporting and guiding managers through policies and procedures, assisting them to understand the legal considerations and best practice relating the management of workplace investigations and grievances will cut down on time HR dedicated to managing complaints and improve Employee engagement.
Review and Update HR Policies Regularly
Conduct regular reviews of HR policies related to bullying, harassment, grievances, and diversity to ensure they are clear, up-to-date, and relevant. Keeping policies current helps to address changing workplace dynamics, ensuring they remain fair and consistently applied.