A recent Workplace Relations Commission recommendation highlights a critical lesson for employers: workplace policies offer little protection if management does not follow them when an employee needs support.
A serving Garda who reported suffering from medically certified work-related stress was recommended €10,000 in compensation after the WRC identified a sequence of procedural failures in how her case was handled.
The WRC found that the problem was not one isolated administrative mistake. Instead, delays, incomplete investigations and failures to respond through established internal processes prolonged the worker’s uncertainty, financial loss and stress.
For employers, the wider message is clear:
When work-related stress is reported, the response must be timely, structured and consistent with the organisation’s own procedures.
The worker had raised concerns about the mental impact of her work and was referred to the organisation’s Chief Medical Officer in 2020.
However, no appointment was arranged.
When she was later certified unfit for duty due to work-related stress, the structured investigation required under the applicable internal directive was not completed as intended.
According to the WRC findings, a management view was formed without:
The worker later challenged the classification and handling of her absence.
After obtaining further information through a Freedom of Information request, she submitted an appeal in April 2024. That appeal reportedly remained unanswered for more than a year.
She also attempted to use an internal dispute-resolution procedure, but management declined to engage through that framework.
The WRC found that the worker was ultimately left with no meaningful alternative other than referring the dispute externally.
The WRC criticised the employer’s failure to follow procedures that were already in place.
The failures identified included:
The WRC found that these failures caused significant consequences for the worker, including financial loss, prolonged uncertainty and additional stress while she was already dealing with a medically certified condition.
It recommended that the organisation:
Work-related stress is stress caused or made worse by work. The Health and Safety Authority recommends that employers use structured and collaborative methods to identify and manage stress-related risks.
Employers also have a general statutory duty, so far as is reasonably practicable, to protect employees’ safety, health and welfare at work. The HSA confirms that this includes assessing known psychosocial hazards that may contribute to mental ill-health.
An employer does not need to accept every assertion that work caused an illness. However, once the concern is raised, it should be assessed through a fair, evidence-based process.
Having a detailed absence, occupational-health or injury-at-work policy is not enough.
Employers must ensure that managers:
Where a policy promises an investigation, referral or appeal, failing to provide it may significantly weaken the employer’s position.
Referring an employee to occupational health or another medical service is only the first step.
The employer should:
A referral that is made but never progressed may leave the employee unsupported and the employer without the evidence needed to make a fair decision.
When an employee is certified as suffering from work-related stress, the employer should not treat the matter solely as an attendance-management issue.
The investigation may need to consider:
The purpose is not to determine whether the employee is “right” or “wrong” at the outset. It is to establish what occurred and whether workplace measures are required.
The WRC criticised the formation of a management view without a complete investigation or record.
Employers should document:
A decision unsupported by records can appear arbitrary, even where managers believe they acted reasonably.
The employee’s appeal reportedly remained unanswered for more than a year.
The WRC Code of Practice promotes fair and effective grievance procedures, while its employee guidance states that such procedures should be written, accessible and understood by management.
An appeal or grievance should be:
Where delays are unavoidable, the employee should receive updates rather than silence.
Large organisations often have central HR policies but rely on local managers to apply them.
This creates risk where local practice differs from the organisation’s formal procedure.
Employers should ensure:
A policy cannot protect an organisation if individual managers are permitted to disregard it.
Administrative delay is not always neutral.
Where an employee is already suffering from work-related stress, prolonged uncertainty can:
Prompt communication can be as important as the eventual outcome.
When work-related stress is reported, employers should follow a structured process.
Acknowledge the concern and identify whether immediate health or safety measures are needed.
Obtain appropriate occupational-health or medical advice without unnecessary delay.
Examine the reported workplace causes through a fair and impartial process.
Consider workplace risks, temporary supports and possible adjustments.
Keep the employee informed and explain decisions clearly.
Monitor the arrangements and respond promptly to any grievance or appeal.
The strongest employer lesson from this case is not simply about stress-related absence.
It is about procedural trust.
When an employee uses an organisation’s internal systems, they should receive a timely and meaningful response. Failing to follow those systems can add to the employee’s distress and transform a manageable workplace issue into a formal WRC dispute.
Policies must operate in practice—not just exist on paper.
Ormonde Solicitors advises employers on:
Early advice can help employers respond fairly while protecting employee welfare and organisational interests.
This article is provided for general information and does not constitute legal advice.
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Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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