ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00055905
| Worker | Employer |
Anonymised Parties | An A/C Engineer | An Engineering Company |
Representatives | Solicitor | No appearance |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00068062 | 19/07/2020 |
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Date of Hearing: 04/07/2023, 10/06/2024, 08/10/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The Worker was employed by the Employer from May 2016 until March when his work ceased due to the Covid 19 pandemic. He contends that he was bullied and harassed throughout and at the end of his employment.
Summary of Workers Case:
The Worker submitted that he was laid off during Covid and when he requested redundancy from the Employer, he was met with allegations of theft, damage to a vehicle, accused of drug taking and overpayment of wages. As it was a small company he had no one to whom to submit a grievance. He had to undergo medical treatment for depression and was unemployed for two years.
Summary of Employer’s Case:
The Employer was notified of the hearing date and time but did not attend or send a representative.
Conclusions:
The Employer did not attend the hearing but sent in a written submission denying that the Worker had been subjected to bullying and harassment. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
This dispute has been in existence for over 2 years now and is unlikely to be resolved by any recommendation I may make in the matter. The Employer did not attend the hearing. Some 3 hearings were convened to allow for the numerous issues between the parties to be fully heard. Some of these issues were the subject of litigation and have been adjudicated upon under a separate reference. I make no further recommendation on the matter.
Dated: 17-12-24
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Bullying and harassment. No recommendation. |