ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00022841

Parties:

	Complainant	Respondent
Anonymised Parties	A Maintenance Operative	A Service Provider

Representatives

Hayes Solicitors

Complaint:

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-00029371-001	30/06/2019

Date of Adjudication Hearing: 18/09/2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969] following 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.

Summary of Complainant’s Case:

The complainant had made a bullying complaint which initially was addressed through an amicable dispute resolution process at the level of the workplace.

However, the complainant was unhappy with the outcome and it was then referred for investigation in accordance with the respondent’s procedures.

The investigation has not been completed.

Summary of Respondent’s Case:

The respondent confirmed that the investigation is underway.

Findings and Conclusions:

For many reasons, complaints under the Industrial Relations Act cannot be entertained when workplace level procedures have not been fully exhausted, or as in this case, are still engaged.

To do so would contradict an important value of the WRC which is to support and encourage the resolution of disputes at the earliest and most effective level possible in line with good industrial relations practice, and in any event that is where they properly belong.

A point may be reached where the services of the WRC will be of assistance to parties but only when all efforts to resolve a matter at local level have been fully exhausted and have failed.

The parties accepted this at the hearing and accordingly this complaint is dismissed.

Decision:

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

I recommend that the complainant continue to process his grievance to a conclusion through his workplace level procedures.

Complaint CA-00029371-001 is dismissed.

Dated: 4th December, 2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Workplace procedures to be exhausted.