Worker

Employer

Anonymised Parties

A Nurse

Health Provider

Representatives

  Self-Represented

Conor White- Comyn Kelleher Tobin

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-00055639

18/10/2020

The Worker was employed as a nurse with the Employer from November 2017 to his resignation in September 2019. He submitted in his complaint form that he had a dispute  to be adjudicated upon under section 13(2)  the Industrial Relations Act 1969, as amended,  (the Act) relating to “bullying and harassment procedures”. The Employer argues that it was not aware of such a dispute and that no internal procedures were utilised by the Worker.

The Worker stated that he had been subject to bullying and harassment over the period of his employment but accepted that he did not make a complaint under the bullying and harassment procedures, nor did he otherwise proceed with a  grievance under the grievance procedure. He further stated that he was not in a receipt of an internal training allowance.

The Employer submitted that it was not aware of any dispute regarding the bullying and harassment procedures nor did the Worker invoke the procedures during the tenure of his employment. The Employer argued that neither had it been aware of a dispute regarding a training allowance and furthermore, that such an issue was a collective one and therefore not properly for adjudication under the act. 

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The very essence of my role as an investigator of industrial disputes is that both parties must be aware of a dispute being in existence in the first place so that I can find a fair resolution.  I have no doubt that the Worker had a number of issues unrelated to his employment status, but he never escalated any purported employment issues to the point of bringing them to the attention of the employer either through the bullying and harassment procedures, nor the grievance procedure, during his employment. Moreover, I am satisfied that the Employer had extensive bullying and harassment procedures, both informal and formal, as well as a comprehensive step-by-step grievance procedure.

The Worker brought to the notice of the Employer at the hearing, an issue with regard to a training allowance. Outside of the fact that this was flagged for the first time at the hearing, I am satisfied that such an issue affected a body of workers and therefore is not for investigation under the Act.

The Worker did not give details of any dispute prior to the hearing in written submissions related to other employment matters. He also accepted at the hearing that he had not utilised any of the internal procedures nor did he give details of any dispute to the employer in advance. Under these circumstances I find that that no industrial dispute existed prior to the hearing that can be resolved by my investigation therefore I recommend that there be concession of this claim.