ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001380
| Worker | Employer |
Anonymised Parties | Localisation Project Manager | Global Solutions Company |
Representatives |
| Cathy O’Grady B.L. and Christina O’Byrne B.L. instructed by Catriona Sharkey Sheehan and Company Solicitors |
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 - 00001380 | 08/05/2023 |
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Date of Hearing: 12/09/2024
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.
Background:
The worker has submitted a grievance under the Industrial Relations Act. She also made a number of other complaints which have been dealt with elsewhere. |
Summary of Workers Case:
The worker says the employer’s bullying and harassment policy does not provide definitions for the terms in the document and does not provide examples of unwanted behaviour. Furthermore, when she raised a grievance they did not follow the procedures. She says the employer deliberately isolated her in the workplace, excluded her from certain teams and withheld information that was necessary for the proper performance of her duties. She says she raised a grievance which was not upheld in 2020. In 2022 her complaints of bullying were ignored or rephrased and feels she was singled out. She says the employer not following their procedures and singling her out had serious effects on her wellbeing and her job security. |
Summary of Employer’s Case:
The employer says most of the issues raised in this dispute are interrelated with other complaints. They say the worker’s complaint of bullying and harassment was dealt with in accordance with their procedures. Furthermore, they say the issues raised were dealt with as part of the worker’s Personal Injuries complaint. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker has made a number of complaints to the WRC and a Personal Injuries complaint to the Circuit Court. The matters making up this dispute have been dealt with formally elsewhere. This legislation allows a worker to refer a dispute with their employer to the WRC. There are also other statutory provisions which all specific complaints to be made. The complainant has used those statutory provisions to set out complaints against her employer. I do not consider it is the intention of section 13 of the Industrial Relations Act 1969 to allow for those complaints to be heard again. I therefore conclude that I am not going to do that and can make no recommendation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not consider it is the intention of section 13 of the Industrial Relations Act 1969 to allow for complaints made elsewhere to be heard again as disputes under this legislation. I am not going to do that and can make no recommendation.
Dated: 7th of November 2024
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
No recommendation |