ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003191
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives |
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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 - 00003191 | 25/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00003194 | 25/09/2024 |
Workplace Relations Commission Adjudication Officer: Patricia Owens
Date of Hearing: 07/01/2025
Procedure:
On 25 September 2024 the Complainant referred 2 complaints to the Workplace Relations Commission pursuant to Section 13 of the Industrial Relations Act, 1969. 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, a hearing was convened on 7 January 2024 to enable me to inquire into the disputes and to give the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
The Complainant did not attend the hearing. The Director of Operations attended on behalf of the Respondent.
Background:
The Complainant was employed with the Respondent from 31 January 2023. She contended that she had been subjected to repeated harassment from a fellow employee and that no disciplinary action was taken by the Respondent to address the matter.
The Respondent is a provider of accommodation and food services. The Respondent denied the allegations set out in the complaint.
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Summary of Workers Case:
CA 00066276-001 and CA 00066276-002
In her complaint forms, the Complainant alleged that she had experienced repeated harassment from a fellow employee and that to her knowledge there had been no incident that justified the level of harassment she faced and that no disciplinary action was taken by the Respondent in response to what she described as repeated aggressive behaviour.
The Complainant did not provide any further submission in relation to either complaint nor did she attend the hearing on 7 January 2025.
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Summary of Employer’s Case:
The Respondent was present and prepared to outline its’ position at the hearing but in the context that there was no Complainant present to move the complaint this proved unnecessary.
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Conclusions:
Although the Respondent was present on the day of the hearing, the Complainant did not attend.
Subsequent to the hearing I confirmed that the notice of the hearing had issued to the Complainant on 7 November 2024, and I noted that the correspondence containing details of the hearing was issued to the Complainant to the address provided on her complaint form and that the notice was also copied to her by email to an email address provided by her. On the day of the hearing, I awaited the attendance of the Complainant for in excess of 20 minutes and I allowed 20 days from the day of hearing for her to make contact with the WRC post hearing to explain her absence, before finalising this decision. No contact was made.
As no further communication was received at the time of finalising this decision and in the context that I am satisfied that the said Complainant was informed in writing of the arrangements for the hearing and in the absence of any explanation for her non-attendance and the absence of evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
CA 00066276-001
For the reasons outlined above I have concluded that this complaint is not well founded. In these circumstances there is no recommendation.
CA 00066276-002
For the reasons outlined above I have concluded that this complaint is not well founded. In these circumstances there is no recommendation.
Dated: 29-01-25
Workplace Relations Commission Adjudication Officer: Patricia Owens
Key Words:
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