ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000980
| Worker | Employer |
Anonymised Parties | An Employee | An Employer |
Representatives | Self-represented | Mary Fay, B.L., instructed by A&L Goodbody LLP |
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 - 00000980 | 04/01/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 05/12/2023
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 employee has been employed by the respondent since November 2019. |
Summary of Workers Case:
The worker submitted a bullying complaint under his employer’s grievance procedure in June 2022. He stated that the company followed procedure and took statements. The decision maker did not uphold his complaint. The worker confirmed that he was afforded the right of appeal but didn’t take it as he “felt it wasn’t warranted” and noted that there was no point in appealing matters as HR was in collusion with management. He noted that when he received documents under a Data Protection request, the documents confirmed the collusion because management was suggesting that he undergo a Performance Improvement Plan. |
Summary of Employer’s Case:
The employer submitted that the complaint was taken and that it was conducted by someone who was from an external team. The complaint was reviewed by the decision maker who did not uphold the compliant. The worker did not pursue his right of appeal but nonetheless the employer offered to engage an external mediator to get involved. The worker did not opt in to the mediation process in that he did not respond to the invitation to engage a mediator. The employer submitted that there was nothing further they could do, as mediation is voluntary, and they could not force the worker to engage with the process. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker took a complaint and although he was not satisfied with the outcome, he did not appeal the decision as was his right under the grievance procedures. He also did not engage with the offer of mediation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
My recommendation is that the worker engage with the mediation process offered by the employer. Additionally, I recommend that the employer issue an information note to all staff outlining what a mediation process consists of and outlining the benefits of engaging with mediation to resolve workplace disputes.
Dated: 21-10-24
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial relations Dispute – grievance procedure – procedures – appeal - mediation |