ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001820
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
Date of Adjudication Hearing: 19/09/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Attendance at Hearing:
Complainant’s Submission and Presentation:
Company have failed to investigate my grievance. To date I have not been furnished with the outcome of an investigation. The company failed to provide a safe working environment.
The Claimant claimed he was threatened with violence by another employee. It was stated that the Respondent failed to implement their own bullying policy and failed to gather CCTV footage of the event.
Respondent’s Submission and Presentation:
In May 2015 the Claimant raised an issuer with the Respondent in relation to an incident that occurred on 22 April in which he claimed that an altercation took place with another employee. He claimed he was verbally abused on two occasions by the same employee. Both incidents were investigated together. The Claimant went sick on 2 July.
The Respondent sought to obtain copies of the CCTV footage but were unable to do so as their client did not provide it. Details of the investigation process were explained to the Hearing.
It was stated that the investigation was carried in accordance with the provisions of SI 146.2000;
Witness statements were received from all parties
The Claimant received a copy of these statements
The Claimant was given the opportunity to respond to the statements
The Claimant was afforded the right of representation throughout this process
A fair and impartial investigation took place.
The Respondent is aware of the breakdown in the working relationship between the parties but there was a conflict of evidence in the statements made by various members of staff. The Respondent decided that mediation between the parties was the best solution but the Claimant refused to engage on as least two occasions. The Respondent has done all they can to resolve his grievance even though it was not upheld. They will try to ensure that both parties will not work together but this cannot always be guaranteed at all times.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions of both parties. The witness evidence in the investigation was contradictory with staff taking different sides. The CCTV footage was unavailable and the Respondent was not in a position to demand it as the owner of it is a customer of theirs. I am satisfied that the Respondent did carry out a proper investigation and deemed mediation between the parties as the only way forward. However the Claimant refused to become involved. The Respondent has done their best to resolve the grievance.
I therefore do not find the claim well founded and it fails.
14 December 2016