ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00042328
Parties:
| Worker | Employer |
Anonymised Parties | A field representative | A utility provider |
Representatives | Self-represented | IBEC |
Dispute:
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-00053757-001 | 23/07/2020 |
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Date of Hearing: 22/09/2021
Procedure:
On the 23rd July 2020, the worker referred a dispute to the Workplace Relations Commission. The dispute was referred to adjudication on the 22nd September 2021 and the parties made post-hearing submissions.
In accordance with section 13 of the Industrial Relations Act 1969following 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 information relevant to the dispute.
Summary of Workers Case:
The worker outlined that he had been treated unfairly by the employer. |
Summary of Employer’s Case:
The employer denied the claims made by the worker. |
Conclusions:
This is a dispute pursuant to section 13 of the Industrial Relations Act. The worker asserted that he was the subject of bullying and harassment at work. He stated that he was treated unfairly, for example in not being provided a laptop or an email account. He stated that he was excluded from a Christmas party and not facilitated in attending training. The employer denies that there was unfair treatment and stated that the worker had not engaged the bullying and harassment procedure. I find that the worker did not engage the bullying and harassment procedure or the grievance procedure. By not engaging either procedure, the worker did not provide the employer with sufficient opportunity to address any issue according with the relevant procedure. While there were some disagreements, I note from the whatsapp exchange between the worker and his line manager that they had a good underlying relationship. The worker could have availed of the procedures and referred the matter to the Workplace Relations Commission if he was dissatisfied with any outcome. The employer suggested that he pursue complaints via the procedures, but he did not take this up with them. Given that the worker did not avail of the procedures available to him, I cannot make a recommendation in the worker’s favour. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the worker did not engage the procedures available to him, I do not make a recommendation in the worker’s favour.
Dated: 22nd November 2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Grievance procedure |