ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | Childcare worker | Playgroup provider |
Representatives | Eamonn Gibney HR Department |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00025412-001 | ||
CA-00025412-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Act of 1969 (as amended by the Workplace Relations Act 2015 so as to include Adjudication Officers) and where a trade dispute (not specifically precluded by Sect. 13) has been identified and has been referred to the Director General of the Workplace Relations Commission who in turn refers such a dispute to an Adjudication Officer, so appointed, for the purpose of having the said dispute heard in similar manner as has been set out in Section 41 of the Workplace Relations Act, 2015 and/or Section 13 of the Industrial Relations Act which allows the Adjudication Officer to Investigate a matter raised. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence of the parties and their witnesses and will take into account any and all documentary or other evidence which may be tendered in the course of the hearing.
Having confirmed that the Complainant herein is a Worker within the meaning of the Acts and Having conducted the Investigation as described in Section 13, I, as the so appointed Adjudication Officer, am bound to make a recommendation which will set forth my opinion on the merits of the within dispute.
The Respondent employer can indicate any such objection in writing within 21 days of the notification of the dispute raised in the workplace relations complaint form. In the event that the Employer does not indicate an unwillingness to have this matter dealt with by way of Adjudicator investigation, the Employer will be regarded as having given consent. The Respondent has not raised any such objection herein.
Background:
A number of disputes have arisen in the workplace which need to be considered and resolved so as to allow matters move forward without ongoing strained relations. |
Findings and Conclusions:
The parties herein were both represented. It was not necessary for me to consider the merits of their respective positions in circumstances where the parties agreed that there was a need to initiate and complete the internal workplace mechanisms for dispute resolution. I am satisfied as to the Bona fides of the parties and in their earnest desire to have matters dealt with fairly and expeditiously. I am happy to make a recommendation which has been agreed with the parties. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Employer representative draw up a full terms of reference for the establishment of an investigation into two separate (but intertwined) complaints – known to me as the April 2018 complaint and the November 2018 complaint. It is understood that the Respondent have engaged a third party HR body (C and B) to conduct this investigation. The Terms of Reference should be provided to the Employee representative on or before the 7th of May 2019. Both parties should agree the Terms of Reference and I understand that both parties will work to ensure this is done as soon as possible. The Terms of Reference should attempt to set out a timeline and indicated how and where the investigation will be conducted. Witnesses will be accompanied at their discretion. Until such time as might be otherwise agreed the parties will continue to communicate through those representatives that were present at today’s hearing. I recommend therefore that the Grievances/Complaints be the subject matter of a workplace investigation with the outcome thereof hopefully providing some clarity for the parties. |
Dated: 10th June 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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