Worker

Employer

Anonymised Parties

Employee

Child Care Agency

Representatives

Self - Represented

Conor White of Comyn Kelleher Tobin

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 - 00003401

11/11/2024

The Worker is employed in a Child Care Agency. He contends that the Internal grievance Policy has not been properly applied in his case, specifically that his request for a preliminary “Informal” Stage has been disregarded by the insistence of the Employer that a “Fromal” Approach must be adopted.

The employment began on the 1st April 2024 and continues.

The rate of pay is approximately €80k per annum for a 37 Hour week.

The Worker was self-represented and gave a detailed Oral testimony supported by a substantial Written Submission. He presented as a very dedicated and committed Worker in a very challenging work environment.

In essence his case was that the issues of complaint he was raising would best and most appropriately be handled at Stage One – Informal of the Grievance Procedure.

His main argument was that an Informal Approach would more likely lead to a satisfactory and mutually amicable resolution rather than the overly rigid and formulaic Formal procedures of the Grievance Procedures.

Extensive inter party correspondence was exhibited as evidence

The Employer was represented by Mr White of  Comyn Kelleher Tobin, Solicitors. Witness Testimony was given supported by a Written Submission. Extensive correspondence was also presented as evidence.

The essence the Employer case was that the issues raised by the Worker fell withing the ambit of a Formal Grievance and were not appropriate to an Informal Stage.

Issues of the Professional standing/reputations of some colleagues while not central were raised in the context for the need for a more procedural approach.

It was accepted that there was no question of anything but the highest regard for the Worker in this case.

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

The Employer is a large National organisation with well-developed representational and HR procedures. These procedures are not untried and have proven capable for a wide range of situations and personal issues for some time.

The success or failure of a procedures, especially a Grievance, is a mutual acceptance of formalities.

The difference between, in this case, an Informal Stage and a Formal first Stage Is not so overwhelming as to require the WRC to intervene.

It was obvious from the Oral Hearing that the Parties are personally well known to each other, and local contacts can still be utilised even if somewhat “under the radar” in a Formal Stage.

Accordingly, the Recommendation has to be that the initial formal Stages be utilised.

 As a complete fall back for the Worker he can still file a further Industrial Relations Act, 1969 claim at the outcome of all Grievance Stages if matters have not amicably resolved.

Formal /Informal Grievance procedures.