ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00028223

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	An Employer

Representatives

Mike McNamara FORSA

Colm Flannery

HR Manager

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-00035884-001	20/04/2020

Date of Adjudication Hearing: 25/02/2021

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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 an investigation into the said trade dispute as described in Section 13, I, as the so appointed Adjudication Officer, am bound to make a recommendation to the parties to the dispute which will set forth my opinion on the merits of the within dispute.

Where applicable, this may involve an assessment of whether processes have complied with the general principles set out in the Code of Practise on Grievance and Disciplinary Procedures (SI 146 of 2000).

Background:

The Complainant herein issued a workplace relations complaint form on the 20th of April 2020.

Summary of Complainant’s Case:

The Complainant is in a dispute with her Employer concerning the handling by the Employer of two formal grievances submitted by the worker in the course of the employment.

Summary of Respondent’s Case:

The Respondent concedes that there has been an unusually lengthy process but asserts that the correct processes have been applied and that the Complainant has already had the benefit of a stage one and a stage two of the Grievance process as allowed for in the Grievance procedure governing this workplace. The Respondent has additionally provided for and initiated the stage 3 process which allows the issue to be referred to an independent member of the HR team for a complete re-hearing.

Findings and Conclusions:

I have carefully considered the submissions and the points raised by the representatives of both of the parties herein. The Complainant accepts that it is preferable that the internal mechanism provided for should be completed. The parties have taken me through the steps taken to date and I am satisfied that, whilst there have been some delays, the process appears to be fair and proper and is being operated so as to give all sides the opportunity to be heard. In the circumstances and, as it is the best practise, I believe the e internal process should be concluded before the Complainant refers a dispute to the WRC. I am satisfied that both parties agree that the internal mechanism should be exhausted. Nothing in my findings precludes the Complainant from referring a further dispute to the WRC should she take issue with any conclusion reached.

Decision:

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

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

Having already articulated my opinion on the merits of the within dispute, I am recommending that the HR Manager, so assigned to the task, does complete a stage three investigation and uses his best endeavours to conclude this process in as timely a manner as possible.

Dated: 17th December 2021

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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