ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002712
Parties:
| Worker | Employer |
Anonymised Parties | An Accounts Payable Assistant | A Parts Supplier |
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 - 00002712 | 31/05/2024 |
Workplace Relations Commission Adjudication Officer: Roger McGrath
Date of Hearing: 25/06/2024
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).
The matter was heard by way of remote hearing on 25 June 2024, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The worker commenced working with the employer in June 2023. Her employment ended on 4 October 2023. A complaint under the Industrial Relations Act, 1969 was lodged with the WRC on 31 May 2024. |
Summary of Workers Case:
The worker submits that she the employer did not follow correct procedures relating to Bullying and Harassment Procedures, The worker submits that her manager lied about her alleged bad behaviour and misconduct to hide the fact that he was not doing his job properly and that it was her colleagues were the ones who behaved aggressively and bullied and harassed her on an almost daily basis. The worker told the hearing that the employer did not respect Bullying and Harassment processes. Statements of other workers were taken about some incidents, but these statements were not shared with the complainant. She said that her colleagues were aggressive to her. The worker stated that a grievance she initiated was ignored. She also complained that she had an unreasonable workload.
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Summary of Employer’s Case:
The employer stated that the worker was dismissed during her probation period. Her dismissal was due to her performance, and she had signed a document agreeing that she had four issues of in which she was performing poorly. The employer submits that it was not happy with her performance and was entitled to end the relationship as they did. The employer stated that the worker’s termination was due to performance issues and her inability to improve or learn on the job. The worker had never raised a grievance until her performance issues were being dismissed.
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Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
From the evidence adduced I do not conclude that the employer did not use incorrect procedures in dealing with this worker. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the worker accept that there was no failure on the employer’s side to utilise the bullying and harassment procedures correctly.
Dated: 23rd August 2024.
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Procedures, grievance. |