ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002039
Parties:
| Worker | Employer |
Anonymised Parties | Retail worker | Retail Outlet |
Representatives | Maria Geraghty SIPTU | Gareth Kyne Management Support Services |
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 - 00002039 | 11/12/2023 |
Workplace Relations Commission Adjudication Officer: Brian Dalton
Date of Hearing: 02/07/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) 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 Complainant states the following in his form: Bullying and Harassment Procedures Selected Redress Option Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 Act In May 2024 this is confirmed by the Commission to the Complainant Representative |
Summary of Workers Case:
This case is about penalising and victimising the Complainant for bringing employment rights cases to the Workplace Relations Commission. It is alleged that his employer has targeted him, threatened to reduce his hours and will use every opportunity to force him out. |
Summary of Employer’s Case:
The Respondent stated that the matter is not properly before this tribunal as bullying cannot be investigated by the Adjudicator. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Respondent is correct that this tribunal cannot investigate bullying allegations. It would appear based on the legal right finding in related complaints that serious breaches have occurred in working terms and conditions. It is also the prima facie case that this worker’s basic wage terms and actual hours worked have reduced since his Union commenced discussions with his Employer. The claim of penalisation and threats based on exercising one’s legal rights is very serious. It is not an allegation that sits well as a referral as a Trade Dispute. The context of this referral is not about flawed bullying procedures rather it is about penalisation. In this context based on the other matters now determined I recommend that the parties engage in mediation to reach agreement on hours of work, the correct rate of pay and the right to continue to work without being threatened. Failure to reach agreement at mediation will leave both parties in a position to consider their options carefully and what legal claims should be progressed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the parties engage in mediation as detailed.
Dated: 05-11-2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Bullying. |