ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002797
Parties:
| Worker | Employer |
Anonymised Parties | Worker | Employer |
Representatives | Self-represented | Eoghan Lordan, Solicitor |
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 - 00002797 | 27/06/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | IR-SC-00002796 | 27/06/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 30/10/2024
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Workers Case:
The worker stated that she received very bad treatment form her line manager. She reported this to Human Resources in an informal fashion. She stated that HR did not want to hear anything further and brought her manager into the meeting. She stated that they threatened to place her onto a Performance Improvement Plan. She stated that they tried to push her out of her role and that there was no fairness to the procedures that they used to dismiss her. |
Summary of Employer’s Case:
The employer noted that they had a clear, express right to dismiss an employee during probation. It was noted that they were not aware of any form of informal or formal complaint taken on the part of the worker. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker outlined how her employment proceeded and noted that during the first week she had difficulties with her line manager’s manner towards her. She went to HR and spoke to the Director but was brushed off. When further difficulties arose later on during her employment , she spoke to the head of HR again regarding her manager’s behaviour but was told that she just had to get on with it. The Head of HR confirmed that she spoke with the worker but that she did not implement any procedures as laid down in the Dignity at Work procedures. She said that worker had no made a complaint under the procedure. To My mind, it was clear that the worker invoked the Dignity at Work procedures to make an informal complaint. She spoke to both her manager and to the Director of HR as required in the policy but nothing further was done in relation to her complaints. As to the dismissal, I am satisfied that although it was not undertaken with any advance notice, this is provided for in the contract of employment and the company handbook when undertaking during the probationary period. I note however that the worker was paid a weeks’ notice. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the employer and specifically the HR department review their existing policies and procedures regarding grievance and complaint procedures and notify all staff of the provisions of the policy.
I further recommend that the employer ensure that its HR staff are trained in the operation of the complaint procedures that it has in place and establish clear lines of reporting in accordance with the structures outlined in their own policies.
Additionally, I recommend that the employer pay the worker the sum of €1916.66 in compensation (equivalent to two weeks salary) for failing to implement their grievance procedure whatsoever.
Dated: 13th November 2024.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – grievance/complaint procedure – failure to implement established policy |