ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001055
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Sporting Facility |
Representatives |
| Gail Maher IBEC |
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 - 00001055 | 24/01/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 31/08/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The worker was employed by the employer for more than a decade and raised the matter of the bullying and harassment procedures with the WRC. |
Summary of Workers Case:
The worker submitted that he didn’t know whether his employer had bullying and harassment procedures in place. He submitted that he didn’t take a complaint but that no-one was allowed into the club house without authorisation. Under cross examination, the worker admitted that he was given the procedure but didn’t understand it. He submitted that he was seeking a independent person to report matters to. |
Summary of Employer’s Case:
The employer submitted that no compliant of bullying or harassment was ever raised with the employer. It submitted that the procedures were given to staff. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The core matter seems to revolve around whether the worker understood the procedures that had been given to him. There was no dispute over whether the procedures had been given, but rather how to follow them. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Bullying and Harassment procedures be re-circulated and that a copy of these procedure be issued to staff along with an oral presentation of how to take a complaint, should one arise. For ease of reference, the procedures should be separated out from the Dignity at Work policy.
Dated: 7th September 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – understanding of procedures – recommendation for an oral presentation of procedures |