Woman’s case against Irish Rail over ‘nepotism and bullying’ claims settled

Irish Rail has settled a series of claims with a former procurement manager for an undisclosed sum after she made allegations of nepotism and bullying at the State company.

Suzanne Murphy claimed she was passed over for a permanent role despite being promised one at interview at a time when she said two family members of senior company staff with less experience than her were given permanent contracts.

The Workplace Relations Commission heard the complaints under the Employment Equality Act 1977 and the Protection of Employees (Fixed-Term Work) Act 2003 against the rail firm at an adjudication hearing at Lansdowne House, Dublin 4 on Thursday.

Ms Murphy alleged that she was discriminated against on the grounds of age, gender, family status and disability as well as being treated less favourably than a permanent equivalent. Irish Rail had contested the claims.

Malachy Clerkin: Can Donegal win the All-Ireland?

---

Flying is becoming more volatile. Here is what pilots have to say on the issue

---

100 great restaurants and places to eat around Ireland this summer

---

Mark O'Connell: The Kafkaesque charade on Dublin’s Grand Canal is not ‘common sense’. It is common stupidity

---

She told the commission she was “bullied, harassed and micromanaged” by her line manager, Tommy Conlon, claiming her work was “undermined” in a manner which impacted on her performance and health. She said she was hospitalised for a stress-related condition four times during her employment.

Irish Rail industrial relations manager Vicki Burke submitted that there was no evidence of a promise of permanency to Ms Murphy. She added that the company was not on notice of any health complaint or bullying allegation prior to December 16th, 2020, when Ms Murphy was called in by her line manager for an “informal conversation about performance”.

‘Aggrieved’

It was at this meeting that Ms Murphy was informed that she would be offered a renewed fixed-term contract rather than a full-time position. Ms Burke said the complainant “became aggrieved” about what her line manager was saying about her work but “didn’t try to say her performance was excellent”.

“Two days after this she raised a bullying complaint – she’d never raised a bullying complaint before,” Ms Burke added.

In her evidence, Ms Murphy said she took a temporary contract on foot of a verbal assurance from the hiring manager that the intention was to make her permanent.

Ms Burke submitted that no such promise was ever made.

Ms Murphy said that owing to the resignation of a colleague, changes to work practices, and a “bombardment of emails” with queries from her line manager, her workload became so large that she was working well in excess of her contracted hours to meet procurement deadlines.

“Were you ever asked specifically to stay late,” Ms Burke asked the complainant in cross-examination.

“It was a given,” Ms Murphy replied.

She said she first became ill from stress in February 2020 when her partner was set to undergo a major operation.

Ms Murphy said she applied for carer’s leave for his period of convalescence – only to be told she could not have it – before seeking permission to work remotely. “I didn’t hear back from Irish Rail at all,” she said.

With her husband going for surgery, Ms Murphy said she was hospitalised for a stress-related condition and checked herself out against medical advice in order to take him home.

“The next day was lockdown. I had no support, no time, and I set myself up to work from home,” she said.

‘No experience’

Ms Murphy said 12 colleagues in Irish Rail’s procurement department were offered permanent status in 2020 and last year when it was not offered to her.

She named said one person who she claimed had “no procurement experience whatsoever” and was taken on and promoted to a permanent role at her grade within a year. “I was told I had too little experience. I have 20 years’ experience, a degree in procurement,” she said, adding that this person’s father had a senior role at the company.

Under cross-examination by Ms Burke, Ms Murphy accepted that this colleague did not report to the same line manager in procurement as she did.

“Mr Conlon could not have discriminated against you by promoting [the colleague],” Ms Burke said.

“The organisation makes the promotion,” Ms Murphy replied.

Another person made permanent was in a relationship with a senior company official, she said, and a third was friends with another senior figure. “Mainly males were made permanent and those women who [got permanent contracts] were related.”

After the meeting in December 2020, she asked that the matter be escalated to a review, and that she be transferred from Mr Conlon’s supervision while it took place. “During that period the same treatment was ongoing…the same bombardment of emails which made me quite sick, quite ill.”

Finally, she said, the offer of a renewed fixed-term contract was withdrawn when an investigation report came back concluding that she was “unfit for work”. Ms Murphy said she was then issued a termination letter.

Two Irish Rail witnesses were on hand to give evidence, but were not called.

Before Irish Rail began a defence of the claim, the tribunal took a recess and discussions opened between the parties. When the public hearing resumed, adjudicating officer Roger McGrath was told a confidential settlement had been reached.

Ms Murphy signed the agreement in the hearing room and indicated that she was withdrawing her remaining complaints.