Complainant

Respondent

Anonymised Parties

A Worker

An Employer

Representatives

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-00018059-001

21/03/2018

The Worker said that she made an official complaint on 14 February 2018 under the Employer’s internal grievance procedure. She said that she should have had some sort of response from management within two weeks. However, nothing had happened, so she brought her dispute to the Workplace Relations Commission.

The Employer said that this dispute was prematurely referred to the Workplace Relations Commission, as the Worker had not fully exhausted the internal grievance procedure.

As the parties informed me that they had not completed an internal investigation, I adjourned the hearing, in good faith, to facilitate the completion of that internal procedure. I asked to be kept abreast when the matter was brought to a conclusion.

I was in contact with both parties throughout 2019 seeking updates on the progression of the internal grievance procedure and seeking instruction on whether to close the Workplace Relations Commission case.

I was informed on 14 October 2019 by the Employer that the internal grievance procedure was completed, that a report had issued to the Worker and there was no appeal of the decision within the time limit. Accordingly, I wrote to the Worker seeking her instruction in relation to the Workplace Relations Commission dispute. I asked her to contact me by return. However, I received no reply.

I wrote to the Worker again on 4 November 2019, attaching a copy of the letter from the Employer noting that the internal grievance procedure was now completed and that there was no appeal of the final decision. I asked that she advise me within 10 days whether she considered that the case brought before the Workplace Relations Commission should be withdrawn or not. I received no reply.

I wrote to the Worker again on 29 November referring to my letter of 4 November 2019. I noted I had not received a reply. I again invited a reply within 10 days as to whether she considered that the case brought before the Workplace Relations Commission should be withdrawn or not. I said that if no reply was furnished within that 10-day time limit, that I would bring the case before the Workplace Relations Commission to an end formally and close the file. I received no reply.

I am satisfied that the Worker’s dispute was in relation to a failure by the Employer to engage with her in an internal grievance.

I am satisfied that the case before the Workplace Relations Commission was set aside to allow the parties engage in that internal procedure. I am satisfied that this approach was to accommodate both parties.

I am satisfied that an investigation was carried out and a decision was issued. I am advised that that decision was not appealed by the Worker.

I am satisfied that the Worker’s dispute before the Workplace Relations Commission is not well-founded. I make no other recommendation.

Industrial Relations Acts - internal grievance procedure – no engagement – not well founded.