ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00014021
Parties:
| Complainant | Respondent |
Anonymised Parties | Multi-Task Attendant | A Community Nursing Unit |
Representatives | SIPTU |
|
Complaints:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking investigation by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00018415-001 | 10/04/2018 |
Date of Adjudication Hearing: 05/10/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 worker detailed that disputes that she raised have not been investigated through the employer’s procedures. |
Summary of Worker’s Case:
The worker submitted disputes under the Grievance and Disciplinary Procedures and the employer’s Dignity at Work Policy in January 2018 but says that thus far the employer has not investigated same through the appropriate procedures. It was confirmed that the employer had wrote looking to meet with SIPTU regarding the dispute but the worker wishes for the formal procedures to be utilised. |
Summary of Employer’s Case:
The employer advised that it was their understanding that the worker’s dispute has been resolved and there was no reason for investigation. It was detailed that they did write to her SIPTU representative to discuss the disputes but that SIPTU declined to attend. |
Findings and Conclusions:
I note that the worker details that while some local level discussions took place with regards to settling some of her disputes, she never withdrew her wish for her disputes to be processed through the employer’s formal procedures. It would have been useful if the parties had utilised the employer’s procedures. I would remind parties that the Workplace Relations Commission should not be the first port of call when a person has disputes under the Industrial Relations Act. I note in the Labour Court case INT1014 it stated” The Court is not prepared to insert itself into the procedural process in a situation where the dispute resolution procedures have been bypassed.” With that in mind, I recommend that: The worker’s various disputes should be investigated through the employer’s Dignity at Work Policy of Bullying and Harassment and Grievance and Disciplinary Procedure as appropriate. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The worker’s various disputes should be investigated through the employer’s Dignity at Work Policy of Bullying and Harassment and Grievance and Disciplinary Procedure as appropriate. |
Dated: December 17th 2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Industrial relations, grievance procedure, dignity at work |