ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001212
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Food Company |
Representatives | Paul McCormack McCormack Co Solicitors | Hugh Hegarty Managment 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 - 00001212 | 24/03/2023 |
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Date of Hearing: 14/12/2023
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 Worker was employed as a Warehouse Operative on 14th June 2021. |
Summary of Workers Case:
The Worker says he was given a warning for breach of the Professional Conduct Policy. No evidence was given to him about this. When he asked his manager what it was about, he was told it was due to him discussing pay. The Worker says he is entitled to discuss his pay. The Worker did not appeal as he didn’t want any more trouble. |
Summary of Employer’s Case:
The Worker did not appeal the written warning given on 10th August 2022. He did not exhaust the internal procedures, so his complaint is not valid. The complaint was lodged to the Workplace Relations Commission some seven months later. The Employer says the claim is not properly before the WRC as the internal procedures were not exhausted. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The Worker did not exhaust the internal procedures relating to the dispute as is required prior to submitting his complaint. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I make no recommendation in relation to the dispute as the internal procedures were not exhausted.
Dated: 11th October 2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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