ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001475
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives | Self-represented | Alison Fynes, B.L. |
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 - 00001475 | 21/06/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: Two dates
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 for approximately 18 months. |
Summary of Workers Case:
The worker submitted that she took a complaint under the bullying and harassment procedures and provided details of the complaint. |
Summary of Employer’s Case:
The employer objected strongly to the hearing of an Industrial Relations complaint and submitted at the outset that it had no intention of complying with any recommendation. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer objected strongly to the hearing of this industrial relations claim. It was pointed out by the adjudication officer that the employer was provided with an opportunity and timeframe to object to the hearing of this claim but did not do so at any point prior to making lengthy written submissions the night before the hearing of this matter. Accordingly, the claim proceeded to hearing. The worker confirmed that there was a bullying and harassment policy in place which noted that any complaints would be dealt with under the grievance procedure. She confirmed that a no stage did she pursue a complaint in relation to the matters noted in her compliant form under the internal dispute mechanisms, nor did she provided a reason why she did not seek to resolve matters internally. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having regard to all the written and oral submissions made in relation to this claim, my recommendation is that an employee with a complaint or grievance should seek to resolve matters with their employer by making use of existing internal dispute resolution procedures before taking a complaint to the Workplace Relations Commission.
Dated: 11th January 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR complaint – use internal dispute resolution mechanism prior to making a WRC claim |