ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ-000047837

Parties:

	Worker	Employer
Anonymised Parties	A Worker	An Employer

Representatives

Peninsula

Disputes:

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 - 00000077	11/04/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	IR - SC - 00000078	11/04/2022

Workplace Relations Commission Adjudication Officer: Louise Boyle

Date of Hearing: 18/11/22 & 24/2/23

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.

Background:

The worker submits that he was left with no alternative but to resign his position due to the failures of the employer with regards to his grievances and claims of bullying and harassment.

Summary of Workers Case: IR - SC - 00000077

The worker submits that he was left with no alternative but to resign his position owing to the failure of the employer to investigate his grievances.

Summary of Employer’s Case: IR - SC - 00000077

The employer denied the worker’s dispute and submits that the worker resigned his position and had a position already secured when he resigned.

Conclusions: IR - SC - 00000077

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

I note that the worker secured employment prior to submitting his resignation to the employer and continued working with the employer after he handed in his resignation. Taking into consideration all the circumstances of this dispute I do not uphold this aspect of his dispute.

Summary of Workers Case: IR - SC - 00000078

The worker submits that the employer failed to follow procedures in relation to allegations he made regarding bullying and harassment.

Summary of Employer’s Case: IR - SC - 00000078

The employer denied the dispute and submits that the employer did all they could to investigate the matter. The employer confirmed that they did not furnish the worker with the bullying and harassment policy when he made complaints to the employer regarding the alleged behaviour of other workers.

Conclusions: IR - SC - 00000078

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

II note that the employer had not provided him with copies of the relevant policies when he raised matters of concern and that this matter caused distress to worker. In all the circumstances I award the worker €600 for the failures of the employer with regards to his claims of bullying and harassment.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

IR - SC - 00000077

Taking into consideration all the circumstances of this dispute I do not uphold the worker’s dispute.

IR - SC - 00000078

Taking into consideration all the circumstances of this dispute, I award the worker €600 for the failures of the employer with regards to his claims of bullying and harassment.

Dated: 11th October 2023