ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00022042

Parties:

Complaint:

Date of Adjudication Hearing: 04/11/2020

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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 the claimant’s position

The claimant commenced employment with respondent 1st April 2003 as a Special Needs Assistant. While the claimant had a reasonably good working relationship with the then principal the relationship deteriorated which led to a number of issues and in particular an issue arising on 20th of December 2018. The claimant at all times tried to resolve these issues through discussion and mediation but the respondent failed to partake.

The claimant submitted that allegations was made about other Staff members having issues with her at a meeting, however, these were later withdrawn with an apology issued in writing. While the claimant accepts the contents the minutes of the meeting require to be amended to reflect the contents of this letter.

The claimant also raised the delay in getting a response to her grievance from the respondent.

The claimant confirmed that she had a good working relationship with the current principal of the organisation.

Summary of the respondent’s position

The respondent accepted the delay took place which was due to the chairperson of the respondent being out sick and under medical care at the time.

The responded also confirmed that a letter withdrawing the allegations and an apology was issued to the claimant.

Findings

The complaint was originally received by the WRC on 4 June 2019. A Hearing took place on the 21st October and it was agreed to adjourn the proceedings to allow discussions to take place between the parties.

Since no solution was found the matter was referred back to WRC and a hearing took place on the 4th November 2020.

I find that the relationship between the claimant and the new principal is good and professional and I would recommend that the parties continue with this approach in the best interest of the staff and the organisation.

I find having considered all documentation, I am making the following;

Recommendation:

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

1. that letter issued to the claimant, withdrawing the allegations, should be read and incorporated into the minutes of the next Board Meeting of the respondent.
2. The respondent takes immediate steps to ensure there is capacity within its ranks to appoint a person to deal with issues that may arise in the absence of the chairperson in the future.
3. The time scales as set out in the Department Circular 00072/2011 are adhered to and in the event a delay occurring the party is notified immediately of the delay and a time scale provided to the party for the issue to be dealt with. 

Workplace Relations Commission Adjudication Officer: Jim O’Connell 

Key Words:

Dated:   18th December 2020