ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00008383

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 CA-00011118-001 03/05/2017   Date of Adjudication Hearing: 27/11/2017 Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, /or Section 13 of the Industrial Relations Acts 1969] 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).      

Industrial Relations Act 1969

CA-00011118-001

Background

  The claimant commenced employment with the respondent on the 11th August 1997. It was submitted on behalf of the claimant that the respondent failed to follow the grievance and disciplinary procedure and the outcome was predetermined in advance. The Union stated that the complaint against their member was lodged 8 days after the incident took place and after a meeting with other senior management. The respondent submitted that the claimant had failed to carry out a reasonable instruction and they had followed fair procedures at all times.

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 was 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 view from the employee's side is that the respondent is trying to bulldoze its way through the existing procedures. Gone is the day where the respondent would put its issues on the table discuss the matter in its entirety and solutions were found following a bit of give and take by both parties. It was stated this approach no longer exists and the appropriate time is not allocated to resolving issues. The respondent for their part stated that it is very difficult to get anything done. In the business environment that currently exits the respondent has to react in a timely fashion to changes in the marketplace. It was stated that unless (respondent) responds to market forces then business is lost and jobs may put in jeopardy. I find that it is necessary for both parties to take stock of where they are currently at. I find that having given the issue a great deal of consideration I am putting forward the following;

Recommendation         

  Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute 1 The current warning given to the claimant is expunged from his record to allow engagement between the parties start on a sound footing.   2. With respect to the circumstances that have led to the instant disciplinary matters I recommend that in seeking to avoid further escalation and timely resolution of disputes of emergent operational issues there should be an understanding between the parties that in such circumstances that the business at hand must continue whilst resolution is sought. However, such continuity should only be to such extent as operationally necessary to allow time to resolve the emergent issue in dispute. This understanding between the parties is not envisaged to deal with issues known to be in dispute and such known matters should be processed in the normal way.   3. The parties should agree their understanding of the process for speedy resolution of such emergent operational issues no later than 8 weeks from the date of this recommendation . Such understanding must include consideration of informal and formal mechanisms both new and old. Such a process should be trailed by the parties for 90 days and such either or both parties indicate that no progress has been made then this matter should be referred to WRC for a definite decision.  

Dated:   02/02/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell