ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001556
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives |
| Orla O’Leary DLA Piper Ireland LLP |
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 - 00001556 | 18/07/2023 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 15/01/2024
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.
Both the Worker and the Employer attended the hearing.
Background:
The Worker was employed as a Team Leader with the Employer and earned a salary of €48,000 per year. She stated that she was bullied and harassed by her line manager during her employment. |
Summary of Worker’s Case:
The Worker stated that she had been harassed and bullied by her line manager since October 2022. Specifically, the manager gave her a poor rating on her performance review despite the Worker’s belief that she was performing very well. In addition, the feedback provided by the line manager was always very subjective. Although the Worker exhausted the Employer’s grievance procedure, she felt unsupported because no adequate intervention was made by the Employer with her line manager. The Worker ultimately resigned from her employment. |
Summary of Employer’s Case:
The Employer stated that they sought to support the Worker during her employment and facilitated a full grievance process, which the Worker exhausted prior to her resignation. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note that further to the referral of the complaint form to the WRC, the Worker resigned from her employment following the utilisation of the Employer’s grievance procedure. Having heard evidence from both parties at the hearing, I am satisfied that the employment relationship is irretrievable. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the Worker ended her employment and the working relationship between the parties is clearly irretrievable, I recommend that the Worker deems the matter to be closed and moves on to her next employment.
Dated: 19th March, 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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