ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001486

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00002070-001	21/01/2016

Date of Adjudication Hearing: 18/07/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

There has been ongoing culture amongst small members of the board of the Respondent’s Partnership Co. to bully, intimidate and undermine the Claimant. On 20 August last I wrote the chairperson of the board in relation to their obligations under the Staff Hand Books code of practice in relation to the dignity in the workplace on behalf of my member. On foot of receiving no response to a number of letters on the issue, I wrote to the full board on the 17th of November seeking resolution through the grievance procedure to date I have received no acknowledgment, or any correspondence in relation to the matter. This unacceptable behavior continues towards my member, therefore I am calling upon the services the Workplace Relations Commission in an attempt to address this ongoing issue.

Respondent’s Submission and Presentation:

The Respondent stated that they did not have an opportunity to investigate the Claimant’s grievance. They gave assurances that an investigation would be carried out no later than August / September period.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the undertaking given by the Respondent that a proper investigation will take place into the matter raised by the Claimant, I will adjourn the case pending the outcome of this.

Dated: 15 December 2016