ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00056672
Parties:
| Worker | Employer |
Anonymised Parties | A worker | An employer |
Representatives | In person | Richard Lee Baily Homan Smyth McVeigh |
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 |
| 20/07/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
| 20/07/2020 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 24/08/2021
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 complaint was received by the Workplace Relations Commission on 20th July 2020. These two complaints were 2 of 33 received from the Complainant on this date. The Complainant was employed by the Respondent from June 2003 until January 2020. |
Summary of Workers Case:
The worker contends that he did not receive a copy of the employer’s Bullying and Harassment procedures and secondly that he has a dispute with his employer. No further particulars were provided. |
Summary of Employer’s Case:
The employer’s submission only referred to the preliminary issue. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The worker’s contract of employment which he signed on 6th February 2006 includes the following statement:
Grievance Procedure.
In the event of a grievance arising the employee must consult with his supervisor. In the event that the supervisor does not deal with the issue to the satisfaction of the employee within a reasonable time frame they may then approach the next in their chain of command. Full details on grievance procedure and the chain of command are outlined in the induction training.
From what I can see in the submitted papers there is nothing to suggest that the internal procedures have been exhausted and I can therefore make no recommendation in relation to these complaints until internal procedures have been exhausted.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
From what I can see in the submitted papers there is nothing to suggest that the internal procedures have been exhausted and I can therefore make no recommendation in relation to these complaints until internal procedures have been exhausted.
Dated: 12/02/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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