ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00037680
Parties:
| Complainant | Respondent |
Anonymised Parties | A Software Developer | A Multi-National Company |
Representatives | Complainant | Colin Gannon |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Industrial Relations 1969 | CA-000xxxxx | 27th January 2021 |
Date of Adjudication Hearing: 15/11/2022
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, and/or Section 13 of the Industrial Relations Acts 1969following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the disputes.
Background:
The employee made two complaints under the Industrial Relations Act; Firstly in relation to purported bullying and; secondly in relation to a Trades Dispute. The employee and the employer both attended the hearing and made submissions. Evidence was given by the employee and the HR Manager on behalf of the employer. |
Summary of Complainant’s Case:
The employee in his submission detailed a wide variety of issues relating to both national and international concerns that he had. He also felt that he had been bullied by colleagues at work. |
Summary of Respondent’s Case:
The employer, in evidence, states that, for the greater part, most of the allegations made had nothing to do with the employer. The employer has appropriate procedures in place for employees who are experiencing issues with bullying at work to have these investigated. No complaint was received from the employee. No complaint was received at any stage regarding a trade dispute. |
Findings and Conclusions:
The employee expressed far ranging concerns about issues he had, both national and international. However, the only specific complaint against the employer related to bullying. No details were provided in this regard at the hearing. I note that the employer has appropriate procedures in place for employees who are experiencing issues with dignity at work to have these investigated and the employee made no complaint under these procedures. The employee gave no reason as to why these procedures were not used. No evidence of a trade dispute was put forward at the hearing by the employee. I therefore conclude that the complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
The complaints are not well founded |
Dated: 20th February, 2023
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Bullying, Trades dispute |