Dispute process is part of the problem
Many whistle-blowers face draconian sanctions by employers if they decide to speak out. Blacklisting is commonplace, closing the door on any employee that decides to buck the system. Serious trouble may arise for employees involved in one-on-one disputes or in widespread industrial action. Many have found severe difficulty in finding alternative employment.
Other indirect sanctions involve making employees’ lives hell while they work. Management will take steps to drive the black sheep from the organisation with the help of other employees who are looking for a step up the ladder. Constructive dismissal is a complaint well known to the courts, with horrifying cases of intimidation and discrimination. These cloak-and-dagger routines can be very dirty, persecuting any employee who decides to talk out of school.
The remedies available for employees caught up in whistle-blowing or enforcement of statutory rights are time-consuming and largely ineffective (Editorial, Irish Examiner, October 25). Damages awarded at employment tribunals vary greatly in similar cases. Very few plaintiffs are awarded substantial sums; others are given token gestures.
The fact that disputes cannot be solved without resorting to the courts is testament to the intransigence adopted by some employers.
Thousands of pay claims and rights enforcement cases come before the courts every year. The process is time-consuming and unduly protracted, leaving workers in limbo while the backlog gets cleared.
Remedies for unfair dismissal involve dismissed employees waiting years on the court list while he or she remains unemployed. This is an unacceptable form of dispute resolution which should be abolished.
Maurice Fitzgerald
Shanbally
Ringaskiddy
Co Cork
