ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00012097

Parties:

	Complainant	Respondent
Anonymised Parties	A worker	A co-worker

Representatives

Fidelma Carron, SIPTU

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00015989-001	24/11/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00015989-002	24/11/2017

Date of Adjudication Hearing: 12/02/2019

Workplace Relations Commission Adjudication Officer: Emile Daly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/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).

Summary of Complainant’s Case:

Allegation of work-based bullying against the Respondent

Summary of Respondent’s Case:

The cited Respondent on the complaint is a co-worker of the Complainant, not the employer. There is no jurisdiction for the WRC to make a finding against an employee of the employer, as distinct from the employer itself. Any allegation against the cited Respondent is fully denied.

Recommendation:

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

There is no jurisdiction under the Industrial Relations Acts 1969 (as amended) to issue a recommendation in an industrial dispute against a fellow employee of the organisation that employs the Complainant. A complaint should be pursued against the employer and not against the alleged perpetrator of a complaint, personally. An adjudication officer has no jurisdiction to make any finding in a complaint where one employee brings a complaint against a colleague. This has been explained to the parties and alternative means of mediation or facilitation have been discussed. As the complaint has not been properly brought before the WRC it must fail.

Dated: 1st March, 2019

Workplace Relations Commission Adjudication Officer: Emile Daly

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