ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002034
Parties:
| Worker | Employer |
Anonymised Parties | An employee | An employer |
Representatives | Self-represented | Daire Ferguson Ibec |
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 - 00002034 | 04/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002034 | 04/12/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 05/02/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
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 complained that she was left with no other option but to resign due to the gossip in the workplace. She confirmed that she was aware of a grievance procedure in the workplace but confirmed that she did not pursue a grievance. The worker complainant about the bullying and harassment procedures in the workplace but confirmed that she never availed of the procedures. |
Summary of Employer’s Case:
The employer outlined that the worker had never raised a grievance, even though it had a working grievance procedure in place. She has not exhausted the internal resolution mechanisms before resigning. The employer outlined that the worker made a complaint to the WRC about the bullying an harassment procedures without ever availing of them. She has not exhausted the internal resolution mechanisms before taking her complaint. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker confirmed that she had not sought to exercise her rights to make a grievance procedure or to initiate a bullying and harassment complaint with the employer before taking a complaint to the WRC. The Industrial Relations mechanisms of the WRC are available to all staff who have exhausted the internal resolution structures without achieving satisfaction. It is incumbent on a worker to at least try to access those procedures before resorting to lodging a dispute under the Industrial Relations legislation. In this case, the worker did not do so. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that a worker who has a dispute with their employer exhaust all available internal dispute mechanisms if possible prior to lodging a dispute with the Workplace Relations Commission.
Dated: 11-02-25
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations – Exhaust internal dispute mechanisms prior to lodging and dispute with the WRC |