ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00017142
Parties:
| Complainant | Respondent |
Anonymised Parties | A Heavy Plant Operator | A Plant Operating/Hire Company. |
Representatives | Wesley Hudson of Hudson Solicitors | Graham Bailey IBEC |
Complaints:
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-00022229-001 | 28/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00022229-002 | 28/09/2018 |
Date of Adjudication Hearing: 24/10/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaints / disputes to me by the Director General, I inquired into the complaints / disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints / disputes.
Background:
The issues in contention concern a Heavy Plant Driver /Operator and a Plant Hire Company. |
1: Summary of Complainant’s Case:
CA-00022229-001 – Unfair and Unjust Disciplinary Sanctions and CA- 00022229-002- Unfair Procedures - Campaign of Bullying and Harassment. In a detailed submission the Complainant outlined a series of incidents between himself and Supervisory Staff at a Local Authority site. The reaction of his own Management to his complaints was completely unjust and his side of the case was ignored. |
2: Summary of Respondent’s Case:
The Management Representatives in this case acknowledged that issue had arisen. These were largely due to genuine misunderstandings. The Complainant was a most valued and highly skilled employee of some 20 years standing. It was recognised that he had been on sick leave for some time but was now back at work. They hoped to resolve all issues in local negotiations. |
3: Findings and Conclusions:
Extensive discussion of the case, effectively, chaired by the Adjudication Officer took place at the Adjudication Hearing. If the local negotiations failed a further referral to the WRC could take place by either side. A Formal Adjudication Recommendation to this effect would be useful. It was agreed by the Parties that a formal Recommendation of a referral back to local negotiations should be made. |
4: Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Accordingly, I Recommend that
- A Process of Local Engagement between the Parties continue and that an amicable resolution be arrived at.
- Should this process fail a further reference to the Workplace Relations Commission can be considered.
Dated: May 28th 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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