ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003716
Parties:
| Worker | Employer |
Anonymised Parties | A Manager | A Performing Arts Company |
Representatives | Self-Represented | Colleen Sparling O Riordan, Anne O’Neill Solicitors |
Disputes:
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 - 00003716 | 29/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00003717 | 29/01/2025 |
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Date of Hearing: 14/07/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
Background:
IR - SC - 00003716 : The Worker in this dispute alleged that the Employer did not adhere to its own procedures when it came to complainants by an employee that were made against the Worker. IR - SC – 00003717: The Worker claimed that he was subject to unfair treatment and behaviour that amounted to bullying to the extent that it led to his resignation. |
Summary of Workers Case:
IR - SC - 00003716 The board of directors followed no procedures, policies or due process in relation to three, what the Worker termed, egregious complaints made against him in May 2024. Instead of following processes as outlined in the handbook. He was given no opportunity of rebuttal, and these complaints were rescinded on July 3rd, 2024. IR - SC – 00003717: Since May 2024, the Worker submits he experienced ongoing harassment in his role. He said his professional decisions were consistently undermined, and he was increasingly isolated from staff, funding partners, and the broader arts community. He was suspended from his workplace and the manner of suspension led to a humiliation in front of fellow workers. The treatment he received eventually led to his resignation.
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Summary of Employer’s Case:
Due process was always observed by the Board. Complaints were received, recorded, and escalated in accordance with the grievance procedures outlined in the Employee Handbook and in the Worker’s contract. The Worker was informed in person and invited to participate in the process. An independent investigation was initiated, and the process was paused during certified sick leave out of respect. Communications were maintained in a respectful manner and properly documented. The Employer asserts that the actions of the Board were in line with the principles of fair procedure as set out under S.I. No. 146/2000. The grievance process was never intended to isolate or penalise the Worker, but rather to fulfil the organisation’s responsibilities to all staff members and to preserve the integrity of the workplace. |
Conclusions:
In conducting my investigation, I have considered all relevant submissions provided by the parties. The two disputes outlined above are closely interrelated and, more significantly, are inextricably connected to a separate complaint of constructive dismissal lodged by the Worker. That complaint was heard as part of the same proceedings.
The issues raised in the present disputes were comprehensively addressed within the determination of the constructive dismissal claim. Accordingly, my findings in that decision are directly applicable to the resolution of these matters. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires me to issue a recommendation in relation to the dispute. As the issues in dispute were central to my deliberations in the related constructive dismissal case, I recommend that both parties accept the outcome of that decision as a resolution of the present disputes.
Dated: 08-08-2025
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Key Words:
Section 13 of Industrial Relations Act 1969. |