Investigation Recommendation Reference: IR - SC - 00000918
Parties:
| Worker | Employer |
Anonymised Parties | Service worker | Technology Company |
Representatives | self | No show |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000918 | 05/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000919 | 05/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000920 | 05/12/2022 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 06/09/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
There are three complaints relating to the following grievances: 1. Complaint in relation to disciplinary sanctions up to and including dismissal 2. Bullying and Harassment Procedures 3. Regularising Acting up arrangements I am satisfied that these complaints have been adequately dealt with in a related complaint. On this basis to treat them as separate matters would amount to double compensation. The complaint about regularising acting up arrangements has not been made. The Complaint about disciplinary procedures leading to unfair dismissal has been dealt with and that grievance overlaps with the complaint relating to bullying and harassment procedures. Based on the evidence given at the hearing I am satisfied that the substantial nature of the grievances have been dealt with. |
Summary of Workers Case:
See Above |
Summary of Employer’s Case:
See Above |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I have declined to make a recommendation in this case as the matters complained of have been adequately considered and investigated in a related complaint. To make a separate recommendation for compensation would amount to double compensation. While there is merit in the claims presented under the Industrial Relations Act relating to the failure of the employer to adhere to fair procedures, that matter has been addressed in the other employment rights claims investigated and determined. It is for this reason that I decline to make a recommendation |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I have declined to make a recommendation in this case as the matters complained of have been adequately considered and investigated in a related complaint. To make a separate recommendation for compensation would amount to double compensation. While there is merit in the claims presented under the Industrial Relations Act relating to the failure of the employer to adhere to fair procedures, that matter has been addressed in the other employment rights claims investigated and determined. It is for this reason that I decline to make a recommendation.
Dated: 07/12/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton