injured at work - now told i'll be overlooked for promotion

LegacyUser

Hi All. I'm hoping you can help as this has been making me feel really down lately.

Earlier this year I was injured at work. It has already been established that the injury was through no fault of my own and that a third party, including the company, are responsible. Unfortunately the injury caused me to be out of work for about six weeks as a result of surgery and recovery and am back doing a different role until I'm 100% physically able again - something my own doctor reckons could be in a few weeks all going well.

What's really bothering me is that they're seeking expressions of interest for new opportunities at work - a role I've been aiming for in this company since even before starting 10 years ago. What's killing me is that my manager is after saying that under no circumstances will an application by me be even entertained while I'm on this current role and not back to my old job.

Sure, don't get me wrong, I'm looking forward to being back to my old self but I got the distinct impression that I'm being punished for not being back at full fitness sooner rather than later. I wouldn't mind if I was injured as a result of my own negligence/incompetence or even if it happened in my own personal time instead of as a result of the job I have been doing - a job I've always been given positive work appraisals for.

It's already been 5 years since similar positions in this company have arisen. I feel disheartened and, tbh, nearly 'blackmailed' by my managers to get me into my old regular job earlier than I'm comfortable with just so can I apply - an application that I may not even succeed in.

I feel like I'm damned if I do go back early as I don't think I'm in a position to do my current job right/well - and damned if I don't as I'll not get this opportunity for another 5+ years.

I know it sounds like first world problems. This role came up twice before in the last ten years and unfortunately I was unsuccessful those times - I was always hoping that third time would be the charm.

Thanking you for listening and hope you can help

CannotComprehend

TaurenDruid

You either qualify to apply for the job you want, or you don't - and obviously you have the experience and were able to apply beforehand, so therefore it seems like discrimination.

Ruling you out because you're not, *right now*, doing the job - through injury they're partly liable for - and which you'll be back doing in a few weeks - also sounds like discrimination.

Can you go over your boss's head and talk to his/her manager? Or HR? Can you get a union rep to speak to them?

If you were injured in the workplace through no fault of your own you should be probably be talking to a solicitor in any case - if you're doing that, you should also definitely raise this additional issue, too.

davo10

Will you be physically able to carry out the duties of this new job if you were to get it now? You cannot discriminate based on disability ( but I'm not sure the op qualifies as disabled), but that may not apply if the applicant cannot carry out the required duties of this new job.

Also, some companies take absences into consideration when promoting. Though I'm unsure about the legal standing of this, I recently filled out a form sent by the HSE about a former employee who is applying for a job and one of the questions related to periods/duration of absence due to illness in the last 6 months of her employment with me.

georgewickstaff

Good God man...see a solicitor. Your quality of life has been altered as a result of a work accident.

You no longer are being afforded the same opportunities and will be suffering a tangible loss as a result of the accident.

Don't mind what all the IBEC fan boys WILL come out with on here.

A workplace injury has seriously injured you to a point that you are being excluded from another role / promotion. Probably against some disability or equality legislation too.

Contact the WRC OR get legal advice.

Snotty

TaurenDruid wrote: »

You either qualify to apply for the job you want, or you don't - and obviously you have the experience and were able to apply beforehand, so therefore it seems like discrimination.

Ruling you out because you're not, *right now*, doing the job - through injury they're partly liable for - and which you'll be back doing in a few weeks - also sounds like discrimination.

Can you go over your boss's head and talk to his/her manager? Or HR? Can you get a union rep to speak to them?

If you were injured in the workplace through no fault of your own you should be probably be talking to a solicitor in any case - if you're doing that, you should also definitely raise this additional issue, too.

You cannot claim Discrimination, discrimination is defined by 9 specific criteria, you can't cry discrimination for everything you feel hard done by.

OP, you have a very good case for workplace injury, you have obviously gone through a serious injury that happened in work and was the fault of the company and that 3rd party. You have went through a long recovery period and that is normally the bases for payment amount. You can also claim now that it is going to effect you future with the company as you have been denied the opportunity to apply for a role which you could have applied for had it not been for the injury.
This all means a larger payment but you have to weight all this up, can you continue to work with that employer or in that industry after a judgement like this?
Personally I would be seeking compensation, you could obviously rush back to your old job and hope from the promotion but there is no guarantee of that and could you aggravated the injury and possibly delay your recovery.
Seek legal advice and do what is best for you.

georgewickstaff

Discrimination is defined as being treated differently or unfavourably compared to other staff. If the question of discrimination was raised it is up to the employer to disprove it.

Discrimination in Ireland is based on prima facie? Correct me if I'm wrong?

Snotty

georgewickstaff wrote: »

Discrimination is defined as being treated differently or unfavourably compared to other staff. If the question of discrimination was raised it is up to the employer to disprove it.

Discrimination in Ireland is based on prima facie? Correct me if I'm wrong?

You are wrong.

Gender
Civil status
Family status
Sexual orientation
Religion
Age
Disability
Race (includes race, colour, nationality or ethnic or national origins)
Membership of the travelling community.

Aye Bosun

Snotty wrote: »

You are wrong.

Gender
Civil status
Family status
Sexual orientation
Religion
Age
Disability
Race (includes race, colour, nationality or ethnic or national origins)
Membership of the travelling community.

He is being treated differently to other staff due to an injury which is a disability, albeit a temporary one but still a disability.

davo10

Aye Bosun wrote: »

He is being treated differently to other staff due to an injury which is a disability, albeit a temporary one but still a disability.

Is the op disabled, or is this a long term/chronic illness?

Snotty

Aye Bosun wrote: »

He is being treated differently to other staff due to an injury which is a disability, albeit a temporary one but still a disability.

No he is injured, he is not disabled. Stop trying to make everything a discrimination, it is very clearly defined by law.
The op has a genuine case without the need for hyperbole