ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003283
Parties:
| Worker | Employer |
Anonymised Parties | An Operations Manger | A Services Company |
Representatives | Vadim Karpenko of Legal Bridge Advisors | Naledi Bisiwe of IBEC |
Dispute:
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 - 00003283 | 14/10/2024 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 21/01/2025
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 had various IR related disputes with the Employer. The employment began on the 11th July 2023 and continues. The rate of pay was stated to be €2,800 per month for a 40-hour week. |
1: Summary of Worker’s Case:
The Worker had a range of issues but principally the Bullying and Harassment policy in regard to a named Manager, lack of any compensation for her alleged ill health issues arising from the B&H issues, her change of work location and the lack of any realistic engagement from the HR Department. The Worker’s Representative Mr Karpenko indicated that he would immediately appeal the Res Judicata argument from the Employer to the Labour Court if it was the basis of any Recommendation from the Hearing. |
2: Summary of Employer’s Case:
The Employer stated that the claim was Statute Barred under the Res Judicata legal principle. The case had been considered in another Adjudication and was effectively now closed. It was a carbon copy of the earlier claim. In addition, the Worker had not co-operated with Internal procedures and her claim to the WRC was premature. |
3: Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
A very lengthy discussion between the Adjudication Officer and the Parties took place. This was occasioned by the obvious wish of all sides that the matters be resolved locally. Neither wished to have to appeal a Recommendation to the Labour Court.
Arising from this discussion it was agreed that the following steps would be Recommended.
1. The Worker committed to engaging with Ms McG of HR in a full discussion of the outcome of a Medmark Occupational Medical scheduled to take place on the 23rd of January 2025
2. Subject to clearance from the Medmark report the Worker would cooperate in two Investigations into the entire situation. These Investigations had been recommended by the Company MD in an earlier discussion.
3. The Investigations would be carried out by a senior manager(s) independent of the previous work/functions of the Worker and the Manager she felt had given her problems.
4. The Parties would engage productively and hopefully would reach an amicable solution.
5. If an amicable solution was not arrived at the Workers’ Representative could return the issues to the WRC by way of a new Industrial Relations Act,1969 complaint.
The Adjudication Officer agreed to issue a speedy Recommendation on the above basis.
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4: Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
- The Worker commits to engaging with Ms McG of HR in a full discussion of the outcome of a Medmark Occupational Medical scheduled to take place on the 23rd of January 2025
- Subject to clearance from the Medmark report, the Worker would cooperate in two Investigations into the entire situation. These Investigations had been recommended by the Company MD in an earlier discussion.
- The Investigations would be carried out by a senior manager(s) independent of the previous work/functions of the Worker and the Manager she felt had given her problems.
- The Parties would engage productively and hopefully would reach an amicable solution.
- If an amicable solution was not arrived at the Workers’ Representative could return the issues to the WRC by way of a new Industrial Relations Act,1969 complaint.
Dated: 27th January 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Local Procedures, Bullying and Harassment Policy. |