ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008469

Parties:

Complaint(s):

Date of Adjudication Hearing: 23/11/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute 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 dispute

Background:

The claimant commenced employment with the respondent in 1982. It was submitted on his behalf that the case before the Adjudicating Officer that he (claimant) was intimidated and harassed in breach of the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare (General Application) Regulations 2007.

It was further submitted on his (claimant)behalf that the respondent on the night 6th October 2016 he was intimidated and harassed. On the 7th October 2016 the claimant accompanied with his union shop steward had a meeting with a Shift Leader as he wanted to make a formal grievance against a named member of management as per stage one of the company/union grievance procedures. The Union submitted details of various meeting that had taken place with the respondent and the process that was undertaken, however, it was submitted the (respondent)have failed a to address the claimant’s complaint.

The respondent submitted that the claimant had not exhausted its procedural responsibilities with regards to a grievance raised. Dates of various meetings that had taken place between the parties including a letter of the 10th January 2017 where the claimant was asked to outline the points in his grievance which he believes were not adequately addressed.

On the 6th February 2017 the respondent was notified in writing that the claimant was withdrawing his complaint under the respondent bullying and Harassment Policy. The respondent submitted that at all times they conducted a fair grievance process and the claimant was afforded all the benefits of the process, in line with established practice, and while it is an aged procedure and requires modernisation, it complies with the minimum stands of the LRC code of practice.

Findings:

Both parties made written and verbal submissions at the hearing

At the outset of the hearing, I asked the representatives to paraphrase their submissions which were duly done.

I find that having read the submissions and listen to the various points that were made the situation is developing where the trust that should exist appears to have been fractured. I find that the claimant is a long well-established employee of the respondent. I find based on the evidence submitted that he felt aggrieved by the alleged manner he was spoken to his superior.

I find that the case of bullying and harassment was withdrawn by the claimant on the 6th February 2017 however I find that nothing has been done to address the ongoing relationship that appears to exist.

The respondent for their part stated that they had always followed the agreed procedures and the claimant was afforded representation on all occasions. I find that both parties should be committed to resoling the outstanding issues that remain.

I find that having given the issue a great deal of consideration I am putting forward the following;

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

1. I recommend that in seeking to avoid further escalation and timely resolution the parties agree a mediation process to deal with outstanding issues in relation to matters that arose on the night of the 6th October 2016.
2. That this process should be completed within 30 days from the date of this recommendation.

Dated:   3rd August 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell