ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003235
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00004723-001 | 22/05/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00004723-002 | 22/05/2016 |
Date of Adjudication Hearing: 13/09/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 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:
The Complainant stated that she was employed as a Cleaner since 2002 and was a volunteer prior to that since 1976. She stated her employer failed to supply her with any written statement of her terms of employment. She stated she was paid for holidays but not allowed take the time off. She stated she had not been informed of changes that effect her work hours, pay and working conditions |
She is currently on absence from work due to an operation and her employer has ceased all communication with her. She has not been receiving payslips on a monthly basis. Without notice or explanation they have stopped her sick pay. She has never been allowed to a Staff Meeting and was not informed when the other employees joined a union , She have also been excluded from many staff and social events. She is getting asked many questions in the community about her situation. She contacted the health and safety authority in relation to these matter and more, they in turn asked her employer for a copy of the employees handbook which they forwarded to her. She has read the book many times and have found many breaches of their policies and procedures. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41 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.
Having considered the submission of the Complainant and in the absence of the Respondent I recommend the following;
Firstly, that the Complainant clarify all her complaints directly related to her employment (and not the issues outside of her employment) and put them in writing in bullet point format within one week of the date of this recommendation and give it to the General Manger of the Credit Union for action as an internal grievance, in accordance with the Credit Unions grievance policy section 4.16 of their Handbook.
Secondly, that the parties engage after that for a period of up to four weeks on the issues internally through the grievance procedure and if the issue are resolved then the Complainant should withdraw her complaints under these claim reference numbers.
Finally, if the issue are not resolved to the Complainants satisfaction after that four weeks then she may write to the WRC seeking a further Hearing under the above claim reference numbers and these claims will be investigated by me and decisions issued under the Acts under which the claims have been brought.
Dated: 26 October 2016