ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00028364
Parties:
| Complainant | Respondent |
Anonymised Parties | A support Worker | A Services Charity |
Representatives | Self-Represented | Ciar Murtagh Ibec |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | CA-00036323-001 | 22 May 2020 |
Date of Adjudication Hearing: 7/6/2022 and 6/4/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following 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 evidence relevant to the dispute.
Background:
The Employee lodged a complaint in 2020 that he was seeking an independent investigation into grievances he had lodged against certain Managers at the Employer and was seeking to clear his good name and character. The complaints commenced in 2016. At the first Hearing the Employee had not completed the internal grievance process and was given the opportunity to do so prior to a second Hearing being organized by the WRC. At the commencement of the second Hearing both Parties expressed their desire to find a mutually acceptable solution to the dispute and their desire to bring a close to the issues involved at the Hearing. The Parties engaged in dialogue following the Employee setting out his core issues and outcomes he sought and the Conclusions below are a summary of their agreement. |
Findings and Conclusions:
The Employer confirmed that the Employee is contractually entitled to a 32 hour per fortnight working week. The Employer confirmed that no disciplinary action has ever been taken by the Employer against the Employee and that nothing in his personnel file could be construed as a disciplinary finding against him. The Employer agreed to make a maximum educational support contribution over the final two years of the Employees degree programme of 4500 Euros on the submission of invoices by the Employee from the University he is attending. Both parties agreed that the above outcomes bring an end to any and all issues and grievances that the Employee had from 2016 to the date of the final hearing. Both Parties agreed that in the event of any issues arising in the future that they will both follow the grievance procedure and make their best efforts to resolve any issues quickly. The Parties agreed that that the above terms are specific to the Employee on a red circled basis and the terms of the Recommendation would remain confidential to the Parties. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
While the Parities have reached a mutually acceptable solution, I am required by the Act to find in favour of either the Employee or the Employer. I find in favour of the Employee. |
Dated: 24-04-2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Trade Dispute |