Investigation Recommendation Reference: ADJ-00051390
Parties:
| Worker | Employer |
Anonymised Parties | Community Employment Scheme Worker | Charity Shop |
Representatives | Self-Represented | Joe O'Loughlin |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00049097-002 | 04/03/2022 |
Workplace Relations Commission Adjudication Officer:
Date of Hearing:
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute. This dispute was investigated in association with a dispute of rights under employment legislation.
Background:
The Worker submitted a claim under the Industrial Relations Act 1969, as amended (“the Act”) regarding bullying and harassment procedures. |
Summary of Workers Case:
The Worker claims the named respondent was the employer for the purposes of the Act and she was subjected to bullying and harassment. |
Summary of Employer’s Case:
The respondent claims it is not the employer for the purposes of the Act but rather it is the CE Scheme which employed the worker, is the correct employer for the purpose of this dispute. Furthermore, the respondent submits worker did not process her complaints through the designated procedures under the CE scheme. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I am satisfied that the matter dealt with in this dispute has been addressed satisfactorily in detail in the associated employment law claims and it would be inappropriate to address the matter further under the Act. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons outlined above, I recommend that both parties accept that the details of this dispute have been examined in the associated employment rights claims and it would be inappropriate to issue a recommendation in concession of any claim under the Industrial Relations Act.
Dated: 07/05/2024
Workplace Relations Commission Adjudication Officer:
Key Words:
Industrial Relations Act 1969. |