ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002650
Parties:
| Worker | Employer |
Anonymised Parties | A Childcare Professional | A Childminding Service Provider |
Representatives |
| Shannon O'Carolan |
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 - 00002650 | 17/05/2024 |
Workplace Relations Commission Adjudication Officer: Roger McGrath
Date of Hearing: 31/10/2024
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(s).
Background:
The worker worked as a childminder for the employer. The worker was sick for a length of time. Before returning to work from sick leave the worker resigned. After the worker resigned, a grievance procedure started but was terminated by the employer due to the length of time the worker took to lodge her complaint. |
Summary of Workers Case:
The worker alleges that the employer failed to regularise acting up arrangements. Having raised a grievance, the worker believes the employer did not carry out its own grievance procedure properly. The worker was not given guidance on the timeframes involved and in the end the employer just dismissed her grievance. |
Summary of Employer’s Case:
The employer believes it acted reasonably in dealing with the worker’s grievances. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I believe the employer was fair to the worker during her absence from work and was willing to proceed with a grievance procedure even though the complainant had tendered her resignation before such it got underway in earnest.. At the hearing the employer stated that an offer of re-engagement was still available to the worker.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend the worker and the employer engage in a meaningful way on the offer of re-engagement.
Dated: 26/02/2025
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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