Worker

Employer

Anonymised Parties

A Director

A Service Company

Representatives

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-00046624

11/10/2021

The Worker has made a complaint of a trade dispute involving a colleague.

The Worker is a Director of the Respondent. An email was sent from the Managing Director to a number of staff regarding an expensive part going missing from stock on 23rd February 2021. The Worker responded to the email making some comments, and saying he should not be involved as it was an issue for the Stores Supervisor.

The Worker says he was called into a meeting with the Managing Director on 23rd February 2021 and the Stores Supervisor. The Stores Supervisor firstly accused the Managing Director of saying employees of the Stores Supervisor had stolen the missing part. This statement was retracted. Then the Worker was accused of saying the Stores Supervisor was stealing. The Stores Supervisor is responsible for stock. The Worker has asked for this statement to be retracted but the Stores Supervisor has refused.

At the first hearing on 6th July 2022, the Employer said the dispute relates to an incident between the Worker and another colleague the Stores Supervisor. Their efforts to resolve the issue were exhausted and unsuccessful. Due to the family relationship involved, the Workplace Relations Commission are best placed to resolve the issue. The Respondent applied to change the name of the Respondent company to the name of the Stores Supervisor.

At the resumed hearing on 24th March 2023, the Stores Supervisor attended the hearing. The Worker is the direct manager of the Stores Supervisor. The Stores Supervisor says other staff had access to the stock items. The stock is not locked. The part was numbered.

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

S8 of the Industrial Relations Act 1990 states that a “trade dispute” means any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person.

Both the Managing Director and Worker confirmed their communications on 23rd February 2021 do not allege that a part may have been stolen by any member of staff. I recommend a written statement be provided to the Stores Supervisor by the Employer confirming that no allegation or inference of theft was made against any member of staff on 23rd February 2021 in order to conclude this matter. The statement should be provided to the Stores Supervisor as soon as possible.