HSE to pay worker €3k over offensive graphic

The HSE is to pay €3,000 in compensation to an employee after mishandling a complaint concerning an offensive graphic posted up on a staff room wall.

The Labour Court made the recommendation after it emerged HSE management waited almost two days to remove the offensive graphic after the complaint.

The Labour Court report does not detail what was contained in the graphic, but stated it “was inappropriate and inoffensive”.

Initially, a Rights Commissioner had determined the HSE investigation into the incident to be “flawed” and recommended that the HSE pay the employee €3,000 in compensation. This ruling was appealed by the HSE to the Labour Court.

However, following an oral hearing into the case, the Labour Court upheld the ruling by the Rights Commissioner that the HSE pay the €3,000.

The un-named employee had argued before the Labour Court that “this issue has caused a great deal of personal stress as a result of management’s actions”.

The employee further argued that “management did not carry out an immediate investigation and failed to remove the graphic in a timely fashion”.

In response, HSE Dublin Mid-Leinster argued: “Management conducted its investigation in line with its policies and procedures and acted immediately when the matter was brought to its attention. It is unreasonable that compensation is awarded when the offending document was removed within two days of it being brought to management’s attention.”

In its ruling, the court found the HSE official that received the complaint “dealt with the matter in a very prompt and professional manner when the complaint was made and the graphic brought to her attention”.

It goes on: “The court, however, finds that the processing of the complaint by the HSE thereafter was inadequate, incomplete and untimely.

“It further finds that some of the correspondence relating to the complaint contained inappropriate references to sick leave procedures that could have been interpreted as an attempt to warn the complainant off proceeding with the matter further.

“In this regard the court accepts that this was not the intention but that may not have been clear to the complainant at the relevant time.

The ruling continues: “The court takes the view that all complaints that are made to an employer must be taken seriously and properly investigated. Failure to do so does a disservice to the organisation and an injustice to the worker making the complaint.

“Furthermore, it discourages workers from making complaints for fear that they will not be taken seriously or properly processed and investigated.”

A spokeswoman for the HSE said that it would abide by the Labour Court recommendation.

“The HSE upholds its dignity at work policy and all complaints are processed through the appropriate human resource policy.”