ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002708
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives | Self-Represented | Ruth Mylotte instructed by Claire Macken of RDJ LLP |
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 - 00002708 | 30/05/2024 |
Workplace Relations Commission Adjudication Officer: Christina Ryan
Date of Hearing: 14/03/2025
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.
I received and reviewed documentation from both parties prior to the hearing.
As this is a trade dispute under Section 13 of the Industrial Relations Act 1969, the hearing took place in private and the parties are not named. They are referred to as “the Worker” and “the Employer”.
Background:
The Worker commenced employment with the Employer on the 28th November 2022. She referred her dispute to the Workplace Relation Commission (hereinafter referred to as “the WRC”) on the 30th May 2024. She accepted that she did not exhaust the internal grievance procedures at her workplace before the dispute was referred to the WRC. The Employer submitted that its internal grievance procedures should have been implemented and exhausted by the Worker before referring the dispute to the WRC. |
Summary of Workers Case:
The Worker accepted that she did not exhaust the internal grievance procedures at her workplace before she referred her dispute to the WRC on the 30th May 2024 and that the internal investigation remains ongoing. |
Summary of Employer’s Case:
The Employer’s representative outlined that the internal procedures have not been exhausted. The Employer submitted that its internal grievance procedures should have been implemented and exhausted by the Worker before referring the dispute to the WRC. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Worker referred her dispute to the WRC on the 30th May 2024. She accepted that she did not exhaust the Employer’s internal grievance procedures prior to referring her dispute to the WRC.
Having heard from the parties it is common case that the internal investigation has not been concluded, that until recently the Employer was awaiting the Worker’s comments on the draft Report furnished to her in November 2023 and that the final Report has not issued.
The Employer submitted that its internal grievance procedures should have been implemented and exhausted by the Worker before referring the dispute to the WRC.
It is well established that before referring a grievance about any matter to the WRC an employee must exhaust the internal procedures at their workplace. In Gregory Geoghegan trading as TAPS v. A Worker INT1014 the Labour Court held:
“The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”
I conclude that as the internal procedures have not been exhausted I cannot insert myself into the procedural process. In the circumstances, I conclude that the Worker’s dispute is not well founded. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having considered the arguments outlined by both parties and having regard to all the circumstances I do not recommend in favour of the Worker.
Dated: 20-03-2025
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
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