ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006597
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Transport Company |
Complaint(s):
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-00008970-001 | 04/01/2017 |
Date of Adjudication Hearing: 22/05/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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).
Background:
The Claimant is seeking to have a grievance heard under the Industrial Relations Act 1969 - 2015 |
Summary of Complainant’s Case:
The Claimant was employed as a driver by the Respondent in June 2015. He was dismissed after nine months and then rehired after three months. He outlined the difficulties he had experienced work for the Respondent. When he sought to raise his grievances with the Respondent and the HR department it was cancelled. As a result he felt victimised and was stressed. He went on sick leave. He subsequently received a phone call from the Respondent accusing him of working for another employer while on sick leave which was not true. He received a threat from the Respondent so much so that he reported it to the Gardaí. |
Summary of Respondent’s Case:
There was an unexplained absence of the Respondent. |
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.
[Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find his claim well founded and award €1,500 for unfair treatment and failure of the Respondent to deal with the Claimant’s grievances. |
Dated: 24th July 2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Unfair Treatment |