ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000496
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A respondent |
Representatives | Self represented | HR representation |
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 - 00000496 | 26/07/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00000497 | 26/07/2022 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 27/04/2023
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 stated that there was bullying in the workplace. He stated that the perpetrator was being protected by the manager and that he made numerous requests to be rostered with other colleagues. He said that his colleague was being very aggressive following the report of the complaint and he took another one. He submitted a letter stating he refused to work with this person and then he went off on stress leave. The employer only started its investigation in September almost five months later. The worker indicated that the company promise a lot but that they don't deliver. |
Summary of Employer’s Case:
The witness for the employer stated that the first complaint was received 9 may and was followed up on 11 May with the local manager. However, there was a delay and on 24 June nothing was heard so HR pursued the matter with the manager. Following this a formal investigation was instituted and this was followed up with both the worker and the alleged bully. The policy on bullying was sent out within 24 hours of the receipt of the complaint and it transpired that the local manager indicated that this was a minor issue. Once HR proceeded to investigate the complaint, the bully resigned from the company and the matter could not be pursued further. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker made a complaint, and it was not investigated in a timely fashion. The alleged bully resigned when the matter was eventually investigated, however it took almost four months for any movement regarding the investigation and then the matter was closed. The worker does not seem to have been communication with nor provided with a written outcome of the investigation. While the matter was dealt with informally at first, it was then dealt with a s a formal complaint. Any formal investigation should conclude with a written outcome, even if that outcome is not a satisfactory one, at least the complaint should be address in writing. This is a fundamental flaw in how this matter was dealt with by the employer. In the circumstances, it appears that some form of compensation should be given to the complainant in respect of the delay in investigation of these matters and in light of the lack of a written conclusion to his formal complaint. In the circumstances, five weeks pay would seem to be appropriate. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the employer review and put in place a comprehensive grievance procedure and ensure that all managers adhere to it.
I recommend that the employer pay the employee compensation of €2,842.5 for the failures to investigate his grievance properly.
Dated: 12/06/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR complaint - grievance procedures not followed – recommendation for a comprehensive grievance procedure – recommendation to pay worker compensaation |