Worker

Employer

Anonymised Parties

A Production Supervisor

An Employer

Representatives

  Self-Represented

 IBEC West

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 - 00003587

19/12/2024

The dispute relating to the Employer’s bullying and harassment procedures was referred to the Workplace Relations Commission on 19 December 2024 by the Employee, a Production Supervisor. 

It was the Worker’s submission that he made several unsuccessful attempts to raise a grievance directly with management and, subsequently, with HR. Eventually, after protesting in the canteen, he was met by a member of the HR team, who requested that the Worker’s supervisor also join the meeting. By his own admission, the meeting became heated, and he left the site.

He was subsequently deemed medically unfit to work.

It was the Employer’s submission that the employee was provided with a copy of the company’s grievance procedure and was requested to follow it. Following a meeting with HR on 1 July 2024, the Worker was absent without explanation for a period of 12 days, after which a medical certificate was submitted. While communication with the Worker continued during this period, no formal grievance was ever submitted, nor was the grievance procedure exhausted.

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

It was accepted by the Worker that he had received and read the Employer’s grievance procedure; however, no formal grievance was lodged by him. It was also accepted that he did not raise a complaint and/or grievance, nor was any investigation conducted under the Employer’s bullying and/or harassment procedures.

It is incumbent upon an Worker to follow and exhaust all internal procedures prior to referring a dispute to the Workplace Relations Commission.

On the basis that the Worker failed to follow the internal procedures, I find that I do not have jurisdiction to make a recommendation in this dispute.