ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00042899
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives | Self Represented | Marianne Deely Brian P Adams & Company |
Complaints:
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-00046274-003 | 16/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00046295-003 | 18/09/2021 |
Date of Adjudication Hearing: 20/10/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with 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 hearing was conducted remotely in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Employee filed two Compliant Forms to the Workplace Relations Commission first on 16 September 2021 and the second with the same claims and narrative on 18 September 2021. At the hearing the Employee withdrew the Complaint filed on 18 September 2021.
The parties agreed the Employee worked 36 hours per week and earned €355 gross. |
Summary of Complainant’s Case:
It was the Employee’s claim that she was bullied and harassed by the Respondent on 20 August 2021. The Employee had resigned from her employment with her last day of work being the 16 August 2021. The Employee confirmed she did not raise an internal grievance. |
Summary of Respondent’s Case:
The Employer denied the Employee’s claims. |
Findings and Conclusions:
After hearing the parties, it was agreed that on 20 August 2021 the Employee was no longer working for the Employer. It was also not in dispute that there was no internal grievance raised by the Employee. Where there was no internal grievance raised and all internal procedures exhausted in the first instance, I have no jurisdiction to issue a Recommendation on this claim. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I have no jurisdiction to hear this claim. |
Dated: 4th January 2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
IR – No internal grievance – no jurisdiction |