ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00033553
Parties:
| Employee | Employer |
Anonymised Parties | A General Operative | A Food Manufacturing Company |
Representatives | Did not attend / not represented | Lydia Dodd, 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 | CA-00044390-001 | 28/05/2021 |
Date of Adjudication Hearing: 23/08/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This dispute was submitted to the Workplace Relations Commission (WRC) on May 28th 2021 and, in accordance with section 13 of the Industrial Relations Act 1969, the Director General assigned it to me for adjudication. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 designates the WRC as a body empowered to hold remote hearings and such a hearing took place on August 23rd 2021. At the hearing, I made enquiries and gave the parties an opportunity to be heard and to present evidence relevant to the dispute.
The employee did not attend the hearing. The employer was represented by Ms Lydia Dodd of IBEC and she was accompanied by the managing director.
Background:
This dispute concerns an allegation of sexual assault which the employee said occurred on May 24th 2021. Four days later, she submitted the matter to the WRC for a recommendation under the Industrial Relations Act 1969. On May 25th, the employee spoke to the production manager about the incident which she said occurred the previous day. On May 26th, accompanied by a friend, she attended a meeting with the managing director to discuss her complaint. At the meeting, she submitted a letter outlining what she said occurred and the alleged perpetrator was suspended. The employee claimed that she was ill and she did not return to work after the meeting of May 26th. |
Summary of Employee’s Case:
The employee did not attend the hearing. |
Summary of Employer’s Case:
An independent investigator was appointed to carry out an investigation and, although she was absent from work, the employee was requested to participate; however, she did not attend any of the meetings to which she was invited. The investigator interviewed five people, including the alleged perpetrator and the employee’s supervisor and mangers. On August 13th 2021, the investigator concluded that the employee’s complaint was not upheld. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In the circumstances where the employee did not attend the hearing, I recommend that the employer takes no further action with regard to this matter. |
Dated: 10th September 2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Employee did not attend the hearing. |