ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001152
Parties:
| Worker | Employer |
Anonymised Parties | Worker | Employer |
Dispute:
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 - 00001152 | 08/03/2023 |
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Date of Hearing: 21/06/2023
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.
The Hearing was conducted in person. The Worker was in attendance however the Employer did not attend. At the outset of the Hearing, the Worker explained that the Employer has since closed. According to the Companies Online Registration Environment (“CORE”), the Employer continues to trade and so it was appropriate for me to hear this dispute.
As this is a trade dispute under section 13 of the Industrial Relations Act 1969, the Hearing took place in private and the Parties are not named.
Background:
The Worker was employed by the Employer, as a café/shop Manager, from June 2022 until September 2022. The Worker earned €15 gross per hour, working approximately 30 − 40 hours per week. The Worker submitted her dispute regarding bullying and harassment procedures to the Workplace Relations Commission (the “WRC”) on 8 March 2023. |
Summary of Worker’s Case:
The Worker outlined that her dispute concerned her working environment, more generally. She outlined that she felt psychologically bullied by the owner and that it was not a pleasant place to work. She felt that, on occasion, the owner directed nasty comments at her. The Worker could not provide specific details. The Worker outlined that she did not raise a grievance with the Employer as she felt too scared to do so. |
Summary of Employer’s Case:
The Employer did not attend the Hearing as scheduled. In a letter from the WRC dated 24 May 2023, the Employer was informed of the date, time and venue of the Hearing. The letter also set out the procedure regarding postponement requests. When the Employer did not attend the Hearing on 21 June 2023, a grace period was allowed to enable the Employer to attend or contact the WRC. In the circumstances, I am satisfied that the Employer was on notice of the Hearing and had sufficient opportunity to attend. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me.
The Worker could not provide sufficient detail regarding her dispute. It is not possible for me to investigate general assertions. Moreover, I note that the Worker did not raise a grievance with the Employer. In the circumstances, the Worker’s dispute is without merit and is not well founded.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons outlined above, the Worker’s dispute is without merit and is not well founded.
Dated: 19-07-2023
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Industrial Relations Act, section 13, Bullying and harassment. |