ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056705
Parties:
| Complainant | Respondent |
Parties | Jamie Palmer | Forbairt Órga Teoranta |
Representatives | Self-represented | Aaron Shearer BL |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act 2015 | CA-00068853-001 | 27/01/2025 |
Date of Adjudication Hearing: 30/06/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General. I conducted a hearing on June 30th 2025 and gave the parties an opportunity to be heard and to present evidence relevant to the complaint. The complainant, Ms Jamie Palmer, represented herself at the hearing with the support of a friend, Mr Philiip Richardson. Forbairt Órga Teoranta was represented by Mr Aaron Shearer BL, instructed by Ms Margaret Whyte of O’Reilly Thomas Solicitors. A manager from the company, Mr Michael Giles, also attended the hearing.
Complaint about Working Conditions:
The respondent runs a number of hostels for international protection applicants. The complainant commenced in July 2020 as a support worker in a hostel for 16 women in Cabra. Later on, her job title was changed to that of “multi-task attendant.” The complainant resigned at the end of January 2025 because she was unhappy about the use of CCTV cameras in the sitting room of the house where she worked. On the e-complaint form that she submitted to the WRC on January 27th 2025, the complainant ticked the box indicating that she wished her complaint to be investigated under the heading of “European Works Council.” She wrote on the form that she wasn’t sure if this was the right section for her complaint. At the hearing, the complainant gave evidence about her concern about the use of a CCTV camera in a room used by staff. She said that she went to work on January 22nd 2025 and she noticed a red light on a camera in the sitting room, indicating that the camera was recording. She said that she never noticed that particular camera switched on before. She said that she was able to check the monitor and she established that the camera had been turned on when the manager of the hostel arrived. She said that she decided to resign. She didn’t bring her concerns to the attention of the manager and she didn’t report the issue to the directors I explained to the complainant that what she submitted to the WRC was a grievance and not a breach of any legislation related to European Works Councils. I explained that an employee who is concerned about a workplace issue or any change to their terms and conditions of employment, must bring the issue to the attention of their employer before submitting a complaint to the WRC under s.13 of the Industrial Relations Act 1969. While the complainant was not represented by a trade union or a solicitor, it is my view that, having worked for the respondent for four and a half years, she must have known some member of management with whom she could have raised a grievance. An internet search about how to deal with concerns about working conditions produces the following advice from the Citizens Information Service: “If you have a complaint about your employment rights, you should first speak to your employer.” It is my view that the complainant should have raised her concerns about the use of the CCTV with her manager, so that the issue could have been resolved before her decision to resign and before she brought this complaint to the WRC. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I decide that this complaint is not well founded because it is misconceived. |
Dated: 30th of July 2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Grievance procedure, working conditions |