ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00041151
Parties:
| Complainant | Respondent |
Anonymised Parties | A Store Assistant | A Retail Store |
Representatives | N/A | Niamh Ní Cheallaigh |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00052946 | 23/09/2022 |
Date of Adjudication Hearing: 12/12/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 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 evidence relevant to the dispute.
The Worker did not attend on the day of the hearing to give evidence. The Employer was in attendance along with their representative as well as several witnesses.
Background:
The Worker worked with the employer from 6 January 2007. He stated in his complaint form that he was mistreated and bullied by the Employer’s management, which led to the termination of his employment in 2021. |
Summary of Complainant’s Case:
On his written complaint form, the Worker stated that he brought a grievance to the attention of the Employer in respect of interactions with his line manager but that the Employer failed to investigate the complaint prior to the termination of his employment. Despite having been notified of the time and date, the Worker did not attend to give any further evidence in relation to the dispute on the day of the hearing. |
Summary of Respondent’s Case:
In their written submissions, the Employer stated that the Worker failed to engage with them in respect of his grievance and highlighted that he had previously referred an identical dispute to the WRC, which he had also appealed to the Labour Court. |
Findings and Conclusions:
Section 13 (3) (b) of the Industrial Relations Acts precludes me from investigating a trade dispute (i) if the Court has made a recommendation in relation to the dispute |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Given that the Labour Court has already made a recommendation in LCR 22529, I cannot also make any recommendation in relation to the Worker’s dispute in accordance with the legislation set out above. |
Dated: 11th January 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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