ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00004743

Parties:

	Worker	Employer
Anonymised Parties	A Worker	An Employer

Representatives

David Doyle David Doyle Solicitors

Tina Mulhearne, HR Representative

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 - 00004743	16/07/2025

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 11/12/2025

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:

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 submitted a complaint regarding the operation of the bullying and harassment procedure. The worker outlined that she was employed since 2012 with her employer. In 2024 she raised a bullying issue but there was no follow up on the matter. She wanted the matter investigated but she felt that her employer wanted to let the matter slide. She noted that the matter never proceeded beyond the initial stage of the grievance procedure. She raised it again in April 2025 and was told to raise it with the other employee, party to the dispute. A verbal altercation arose with the other employee and the following day that employee went off on sick leave.

The worker submitted that she was told the other employee had handed in her notice, which had not been accepted. Following this the employee herself resigned. It was noted that the employer tried to do something after the fact of her resignation, but by that stage it was too late.

The worker is seeking a recommendation that acknowledges that things were not organised properly, and she is seeking a recommendation for compensation in the amount of €10,000.

Summary of Employer’s Case:

The employer confirmed that the worker was employed since 2012. It was submitted that the employer received a request to deal with matters in November 2024 but shortly after that the worker reverted and said to leave matters be as she did not want anything done about it. The employer confirmed that there was an incident in May, and it was noted that an interim solution was offered for the staff: this involved the worker working from home, as she had previously done, as the other party was in a front-facing role and it meant that she could not work from home.

The employer submitted that the worker handed in her resignation and worked out her notice. It was submitted that there were ongoing discussions but that in the final conversation the worker was not for changing her mind. The employer was told that she was going to start with another (named) company shortly afterwards.

In summation, the employer noted that it did not get the opportunity to address matters and that this job did not need to be lost. The employer opposed a recommendation for compensation.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The worker had a verbal altercation with a coworker. This arose, she indicated, from incidents of bullying and harassment. She felt she could no longer work with this employee and submitted her resignation. She took this course of action having regards to the previous efforts of the employer who she said did not do anything.

For their part the employer stated that the complaint in 2024 was withdrawn shortly after it was made and stated that the proposed course of action in 2025 was only an interim solution while it looked into matters.

I am not satisfied that the employer had a functioning bullying and harassment procedure in place. However, I am also not satisfied that the employee did everything that was required of her before submitting her resignation.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

I recommend that the employer introduce a robust bullying and harassment procedure which includes concrete actions and various stages. This procedure should be circulated to all staff.

I recommend that an employee who is having difficulties in the workplace should, at the very least, put their concerns in writing and send this to the employer. This would facilitate processing of complaints and concerns in an effective fashion.

In the circumstances outlined to me where the complainant submitted her resignation and indicated that she was going to an alternative employment, I recommend that the employer pays the complainant compensation equivalent to two weeks gross wages, that is €1260 in respect of the lack of a functioning bullying and harassment procedure.

Dated: 12th January 2026.