Worker

Employer

Anonymised Parties

Sales Associate

An Employer

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 - 00001754

08/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001755

08/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001756

08/09/2023

The Employee was employed with the Employer for a period of 6 years.

IR - SC – 00001754

The Employee sought to dispute a written warning of 8 December 2022. He raised issues with the way the investigation was conducted. He confirmed he did not appeal the decision.

IR - SC - 00001755

In August 2022, the Employee said he raised written complaints which he said were not investigated.

On 13 June 2023, the Employee raised a formal grievance which he submits was not fully investigated.  

IR - SC - 00001756

The Employee stated he raised issues in respect of the treatment of colleagues by another colleague which were not investigated.

IR - SC – 00001754

It was the Employer’s case that the sanction was not appealed at the time. The procedural issue of scripted notes at the meeting was denied and minutes of the meeting were produced at the hearing.

IR - SC – 00001755

The Employer stated the alleged perpetrators resigned before the allegations in the August 2022 email set out in this complaint could be fully investigated.

The Employer stated that on 13 June 2023 grievance was investigation despite the resignation of the Employee in June 2023.

IR - SC - 00001756

The Employer stated the Employee never raised a formal grievance in relation to these issues.

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

IR - SC – 00001754

The Employee did not exhaust the internal disciplinary procedures. The Employer offered the Employee an opportunity to appeal following the disciplinary sanction. The Employee, in choosing not to appeal, did not exhaust all internal procedures before remitting the dispute to the WRC. Consequently, I have no jurisdiction to make a recommendation in respect of this dispute.

IR - SC - 00001755

The Employee did raise a formal grievance in June 2023 and on 6 September 2023 appealed the outcome of the investigation. A reply from the Employer was received on the same day, acknowledging the appeal and advising that once an appeal manager was assigned, they would be in touch. Less than 48 hours later, on 8 September 2023, the Employee submitted his complaint to the WRC. Consequently, I have no jurisdiction to make a recommendation where the Employee did not exhaust internal procedures.

IR - SC – 00001756

I have no jurisdiction to make a recommendation in respect of this dispute where no formal grievance was raised, and internal procedures were not followed.