ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00013312
Parties:
| Worker | Employer |
Anonymised Parties | A Store Worker | A Food processor |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00017511-001 | 19/02/2018 |
Date of Adjudication Hearing: 19/09/2018
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 was unhappy with how his employer dealt with his disputes. |
Summary of Complainant’s Case:
The worker detailed many disputes that he has had with his employer.
Some of these disputes may have been subject to two previous Adjudication Hearings. A recommendation has been issued in relation to one of these hearings, (under Adj-00006442) and the worker is awaiting a decision regarding complaints under health and safety and terms and conditions of employment. |
Summary of Respondent’s Case:
The employer detailed that there had been two recent WRC hearings which had dealt with the disputes and complaints of the worker. One of these had resulted in a recommendation that “the parties engage directly” (Adj00006442). |
Findings and Conclusions:
I note that these disputes have been ongoing over a long period of time and that they are impacting on the worker’s health.
I also note that a third Adjudication Hearing has been scheduled for what appears to be the same disputes.
It is well established that disputes under this Act should be raised and exhausted at local level through the respondent’s grievance procedure. I find in this case that this did not occur. As outlined to both parties at the Hearing, The Workplace Relations Commission should not be the first port of call when a person has a grievance 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.”
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Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that if the parties are unable to engage directly with each other, regarding the outstanding disputes, the parties should engage an independent mediator to assist them in reaching resolution.
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Dated: 27/09/18
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Mediator, industrial relations act. |