ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001699
Parties:
| Worker | Employer |
Anonymised Parties | A Social Care Worker | A Charity |
Representatives | Tommy Lavelle | Olivia O'Connor IBEC |
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 - 00001699 | 21/08/2023 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 25/01/2024
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(s).
Background:
The Worker stated that he was unhappy with the employee appointed by the Employer to carry out the investigation into allegations of misconduct that were made against him. |
Summary of Workers Case:
The Worker stated that he was unhappy with the employee appointed by the Employer to carry out the investigation into allegations of misconduct that were made against him. This was because the Investigator had previously investigated a complaint made by the Worker and he believed that there was a conflict of interest arising from his involvement in that previous investigation. |
Summary of Employer’s Case:
The Employer stated that the employee appointed by the Employer to carry out the investigation was fair and unbiased and disputed that there was any conflict of interest |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note that although the Worker had raised an issue with the Employer about the employee who was appointed by to carry out the investigation into allegations of misconduct that were made against him, he did not exhaust the Respondent’s grievance procedure prior to referring the matter to the WRC. Both the WRC and the Labour Court have consistently held that a Worker should exhaust the grievance procedure, prior to referring a dispute to the WRC for investigation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the Worker did not exhaust the Employer’s internal grievance procedure and given that he has since left his employment, I recommend that he deems the matter to be closed.
Dated: 25th March 2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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