ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001179
Parties:
| Worker | Employer |
Anonymised Parties | A worker | An employer |
Representatives | Self-represented | Internal representation |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking a recommendation by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001179 | 21/03/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 13/12/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) 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 information relevant to the dispute.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Workers Case:
The worker was submitted that a number of comments were made by committee members over the preceding years and when she raised the matter with her line manager nothing was done. On one occasion something was done, and a letter sent to one of the committee members but the contents of the letter were not enforced. The worker submitted that as a result of raising the issues with her line manager, she expected the behaviours were going to stop but they didn't. The worker stated that she never took a stage two grievance in accordance with grievance policy and never wrote any written complaints. When asked what recommendation she was seeking she replied that she wanted something to be done about the behaviour of certain committee members. |
Summary of Employer’s Case:
The workers line manager outlined how some complaints were raised with him in relation to committee members, some of which were to do with the workplace and some work outside the workplace. In relation to those matters within the workplace the worker had indicated that she didn't want him to proceed with matters any further and did not wish to name any names. He suggested that any intimidation that she felt outside of the workplace should be raised with the guards but that the worker said that she didn't want to proceed any further. He noted that she did initiate one grievance under the grievance procedure in July 2023 and stated that she had a recording of the comments but that she did not want to provide the comments to him. He noted that without a copy of the comments or detail he was not in a position to proceed any further. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker provided very little detail as to her complaints. She noted that she never put anything in writing and never took a Stage 2 grievance. In circumstances where the complainant did not escalate the grievances to stage 2 it is difficult to make any firm recommendations. However, both parties agreed that certain matters had arisen and were brought to the attention of the line manager. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that where the worker has an issue, she should use the grievance procedure that has been established by the employer as appropriate.
Additionally, I recommend that where complaints have been raised orally with the line manager, there is an onus on him to remind the worker of the procedures to make a complaint or raise a grievance.
Finally, I recommend that the employer introduce a dignity at work policy and train all workers and committee members on the policy and its implications.
Dated: 18th December 2023.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial relations – grievance procedure – dignity at work policy |