ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00003429

Parties:

	Worker	Employer
Anonymised Parties	A Worker	An Employer

Representatives

A Representative Association

In-house Employee Relations

Dispute(s):

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 - 00003429	18/11/2024

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 01/04/2025

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.

Background:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

Summary of Workers Case:

The worker went off on certified sick leave for a seven-week period. This arose from the behaviour of a line manager. The worker sought for that period to be discounted under the internal procedure for considering such matters. The employer engaged an investigator from outside the line management structure. The investigator indicated that he did not need to hear from certain witnesses when compiling his report, but the worker disagreed with this stance.

The report did not conclude that the sick leave period should be discounted. There is no avenue for appeal of the decision, save taking a complaint or raising a dispute to the WRC.

Summary of Employer’s Case:

The employer submitted that the sick leave did not fall to be discounted under the procedures in place.

Conclusions:

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

The employer is a highly regimented organisation with a strict disciplinary code. However, there is no procedure to review a decision to discount sick leave. There is no procedure for reporting a colleague for a breach of ethics.

I note that the line manager was moved on a temporary basis, but ultimately returned to be the worker’s line manager after a few weeks.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

I recommend the creation of an independent appeal mechanism to review decisions regarding discounting sick leave.

I recommend that the employer engage an independent mediator to work with the worker and his line manager to ensure a smooth ongoing working relationship.

I recommend the introduction of a system, (agreed between the employer and worker representative groups and unions) to consider complaints regarding a breach of ethics.

I recommend the introduction of training for line managers on the code of ethics and standards to be adhered to, as required by the employer.

I recommend that the employer seek to limit the intake of alcohol at work-related events.

Dated: 3rd April 2025