ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001926
Parties:
| Worker | Employer |
Anonymised Parties | National Sales Manager | Payment Technology and Services Provider |
Representatives | Self-represented | IBEC |
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 | IR - SC - 00001926 | 25/10/2023 |
Workplace Relations Commission Adjudication Officer: Marie Flynn
Date of Hearing: 21/02/2024
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.
At the adjudication hearing, it was brought to the Adjudication Officer’s attention that the name of the Employer furnished by the Worker was incorrect. The Employer consented to the correct name being used on the Adjudication Officer Recommendation.
Background:
The Worker contends that he was badly treated by his immediate line manager and by senior management. The Employer rejects the Worker’s claim. |
Summary of Workers Case:
The Worker asserts that his immediate line manager and senior line manager treated him badly. He was told that he was acting like a child. He was also told that he was very brave to apply for a promotion within the company. The Worker was further informed that senior management wanted him to be dismissed. |
Summary of Employer’s Case:
The Employer refutes the claim in its entirety. It is the Employer’s position that a thorough investigation could and would have been conducted had the Worker utilised the procedures that were open to him to resolve his issues. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The Worker has also submitted a complaint to the Workplace Relations Commission under the Unfair Dismissals Act 1977, as amended, in relation to the matters which are the subject of this dispute. The Worker is requesting that I make a recommendation as to how this dispute might be settled. Recommendations in industrial relations disputes are made on the understanding that the parties will consider the recommendation with a view to reaching a resolution by voluntary agreement. I am of the view that it is not realistic, in circumstances where the issues in dispute between the parties are the subject of a parallel legally binding decision under the Unfair Dismissals Act, that a non-binding recommendation from an Adjudication Officer would provide the parties with a credible means of resolving this trade dispute. I, therefore, recommend that the Worker should accept that his industrial relations trade dispute with the Employer is resolved and that the matters at issue will be determined in a legally binding process which he has initiated. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not recommend in favour of the Worker. |
Dated: 14-03-2024
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
IR dispute – disposed of under adjudication decision |