Worker

Employer

Anonymised Parties

A Worker

A Company

Representatives

Self-represented

Peninsula Business Services Ireland

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 - 00004805

25/07/2025

The worker submitted a dispute concerning ‘Bullying and harassment procedures’.

The employer denies the claim and submits that procedures were followed.

On 21st of July 2025, the worker sent a grievance letter to his employer on a range of issues. The grievances alleged adverse treatment by his employer. The next day, he said he suffered further stress due to no actions being taken by his employer. On 23rd July 2025, the worker submitted a medical certificate citing work related stress. The worker had no trust in his employer to deal with his grievances. He requested a written response on each of his grievances. He referred his dispute to the WRC on 25th July 2025.

The employer representative said that mediation was being arranged and the worker refused to engage on this. The employer also proposed that a named HR Consultant would be engaged to assist with resolving the grievances. The employer sought medical clearance from the worker that he was fit to participate in this process. The worker did not provide medical clearance and did not engage on this proposal. The employer denied a breach of procedures as the worker did not engage and instead submitted a complaint to the WRC.

In conducting my investigation, I have taken into account all documents and oral submissions at the hearing. At the beginning of the hearing, I gave the parties an opportunity to read the relevant extracts concerning the role of the WRC Adjudication Service in the ‘Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work’.

The Code describes the role of Adjudication Services on page 25-

‘The provision of Adjudication services under Section 13 of the Industrial Relations Act 1969 following the exhaustion of internal procedures (note: the grounds of referral to an Adjudication Officer are around the conduct of an investigation in terms of fairness and adherence to fair process and procedures).’

The Code along with the Employer’s Procedures are the relevant guidelines in investigating this dispute. The employer’s procedure is contained in the contract signed by both parties. The worker followed the initial stage of the procedure in submitting his grievances in writing.  He did not engage with the procedures after this. Within days he then referred the dispute to the WRC. As the worker failed to engage with the procedures, the employer cannot be held accountable for this lack of engagement. The worker did not exhaust the internal procedures which means that the process cannot be held to be unfair.

For the reasons outlined, I recommend that the worker accept that there was no breach of procedures or unfair process, in the handling of his complaints by his employer. 

Procedures