ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00007682
| Complainant | Respondent |
Anonymised Parties | Administrator | Hospital |
Dispute:
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-00010046-001 | 06/03/2017 |
Date of Adjudication Hearing: 27/07/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 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 evidence relevant to the dispute.
Background:
The Complainant is employed as an Administrator since 2007. She is paid €43,819 per annum. She has raised a grievance regarding how she was treated by her employer. |
Summary of Complainant’s Case:
The Complainant confirmed that this matter in dispute was not exhausted at local level. |
Summary of Respondent’s Case:
The Respondent stated that this matter had not been fully pursued at local level and the grievance procedure had not been fully exhausted at local level. They stated that Stage 3 of the procedure was concluded but Stage 4 was not. The matter was referred to the Workplace Relations Commission which is provided for in Stage 5. As Stage 4 was not invoked and exhausted they sought that the matter would be referred back to the company. |
Findings and Conclusions:
I note that it has been accepted by both parties that this matter in dispute has not been exhausted at local level. |
The Labour Court in recommendation INT 1014 stated, “The Court is not prepared to insert itself into the procedural process in a situation where the dispute resolution procedures have been bypassed”.
Therefore I find that it would be inappropriate for me to insert myself into the matter at this stage.
I note the parties agreed on an outcome and it is recommended that this is followed as set out in the recommendation.
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that both parties would enter into Stage 4 of the procedure. I recommend that an independent person would be appointed to investigate this grievance. The cost of this investigator would be borne by the Respondent. I recommend that in the event of the matter in dispute not being resolved at this stage then both parties would enter Stage 5 which is a referral to the Workplace Relations.
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Dated: 31st July 2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Grievance |