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The Bar of Ireland
Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney
Tel: (087) 4361270
Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service. He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.
Complainant: Pharmacy Technician
Respondent: Pharmacy
Clear policies and communication failed in the workplace and a compensatory payment of €500 to the employee was recommended.
The complaint arose from workplace issues over several years, with the Complainant now a former employee of the Pharmacy. The Complainant presented contemporaneous notes detailing what she perceived as unfair treatment and indiscretion. The Respondent, a small community pharmacy, denied the allegations, claiming misunderstandings and misinterpretations. The Complainant filed a complaint with the Workplace Relations Commission under s.13 of the Industrial Relations Act 1969, concerning bullying and harassment procedures. The Respondent did not object to the adjudication. The Complainant, employed since 2017, believed she was treated unfairly and subjected to bullying. She raised concerns about a medical condition, feeling the Respondent’s response was threatening. She also felt distressed by the Respondent’s handling of sensitive medical information. The employee ultimately left, securing a new job but experiencing anxiety about encountering her former Respondent.
The Respondent, a small local pharmacy operating for over 30 years, employed several staff. The Respondent described the Complainant as an excellent Pharmacy Technician, as reflected in a reference provided to her. While they were sorry to see her leave, they noted occasional issues with flexibility. The Respondent contested the Complainant’s claims, asserting she was treated no differently from others. They denied making any reference to OCD but acknowledged a conversation in that context. They maintained that proper procedures should have been followed if issues had arisen.
The Adjudicator reviewed all relevant submissions and found that the dispute primarily stemmed from a breakdown in communication. While acknowledging the challenges of operating a small, busy pharmacy, the Adjudicator emphasised the Respondent’s responsibility to address workplace issues proactively. Although a level of informality is expected in a small-town business, discretion and proper management practices remain essential. The Adjudicator noted that formal grievance procedures were available but were not fully utilised by the Complainant. Had they been invoked; the issues may have been resolved earlier.
Considering that the Complainant had since secured employment elsewhere, the Adjudicator recommended that the Respondent review its HR policies, particularly regarding grievances, bullying, harassment, and diversity. Additionally, the Respondent was advised to improve discretion in handling staff matters. Due to the Respondent’s shortcomings in addressing the Complainant’s concerns, a compensatory payment of €500 was recommended.
Employers should:
- Improve Workplace Communication & Issue Resolution: Employers should establish clear, formal communication channels to address employee concerns early. Encouraging staff to voice issues through structured grievance procedures can help resolve disputes before they escalate. Regular check-ins and an open-door policy can also foster a more transparent work environment.
- Ensure Proper Handling of Sensitive Employee Information: Discretion in managing personal and medical information is critical. Employers must train staff on confidentiality and ensure that private matters are handled professionally. Breaches of discretion, even unintended, can damage trust and morale.
- Regularly Review and Update HR Policies: Employers should conduct periodic reviews of policies on grievances, bullying, harassment, and diversity. Ensuring that these policies are well-communicated and consistently applied helps prevent misunderstandings and strengthens workplace fairness. Providing staff training on these policies can further support a respectful and inclusive work culture.
The full case can be found here: https://www.workplacerelations.ie/en/cases/2025/january/ir-sc-00003164.html
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