ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002550
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Community Employment Scheme |
Representatives |
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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 - 00002550 | 04/04/2024 |
Workplace Relations Commission Adjudication Officer: David James Murphy
Date of Hearing: 30/07/2024
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 has been employed by the Community Employment Scheme (“CE Scheme”) since November 2023. The Worker has be assigned to a local sports club where he worked previously under a different scheme. |
Summary of Workers Case:
The Worker attended the hearing represented by a friend and former colleague. The Worker alleges that he has been bullied and generally treated poorly by the CE scheme and in particular his supervisor. |
Summary of Employer’s Case:
The CE scheme attended the hearing and made written submissions beforehand. I did not invite them to outline a detailed response to the Worker’s allegations as these have not yet been considered internally. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Worker has not yet raised these issues internally/directly with his employer and sought to escalate them, in first instance, to the WRC. In fairness to the Worker the CE Scheme does not have a grievance or dignity at work policy and the Supervisor is his primary point of contact with the scheme. However, the WRC cannot be the first port of call and take over the role of the employer in carrying out substantive investigations into bullying allegations. The Worker should have submitted a complaint to the board of the scheme and absent any policy the CE Scheme could still have appointed a member of the board or external person to consider the complaint. Statutory codes of practices (specifically S.I. No. 674/2020 and S.I. No 146/2000) provide that employers should have grievance policies and dignity at work policies available to their employees. The CE scheme failed in this obligation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the CE Scheme draft and implement a Grievance policy and a Dignity at Work Policy in line with S.I. No. 674/2020 and S.I. No 146/2000.
I further recommend that the CE Scheme pay to the Worker €500 in compensation for not having such a policy in place when he wanted to raise an issue at work.
I further recommend that the CE Scheme appoint a suitably independent member of the board or an external person to investigate the Worker’s complaints pending the creation of the above mentioned policies.
Dated: 7th August, 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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