ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003783
Parties:
| Worker | Employer |
Anonymised Parties | Employee | Employer |
Representatives |
| Alison McComiskey IBEC West |
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 – 00003783 | 08/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC – 00003784 | 08/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC – 00003785 | 08/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC – 00003786 | 09/02/2025 |
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Date of Hearing: 15/05/2025
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:
This hearing was to be conducted remotely as provided for in the Civil Law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/2020 which said instrument designates the Workplace Relations Commission as a body empowered to hold remote hearings pursuant to Section 31 of the Principal Act. The said remote hearing was set up and hosted by an appointed member of the WRC administrative staff. I am satisfied that no party would have been prejudiced by having this hearing conducted remotely. I am also satisfied that I was in a position to fully exercise my function and I made all relevant inquiries in the usual way. The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 17th April 2025 - and emailed to the email address provided by the Complainant on the workplace relations complaint form. The Complainant had specifically agreed to communication by electronic means when filling out his complaint form.
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Summary of Workers Case:
The Complainant raised a number of disputes in her pre-hearing correspondence. These were in the areas of the Respondent’s bullying and harassment procedures as well as in connection with the internal “acting up” arrangements. |
Summary of Employer’s Case:
The Respondent was represented by the business representative group known as IBEC. The Respondent provided me with a written submissions dated the 9th of May 2025. The Respondent had two key employees attend the hearing to give evidence on behalf of the Employer. Had evidence been presented I have no doubt it would have been robustly challenged by the Respondent. The Respondent has asserted that it has always treated the Complainant with dignity and respect and within the parameters of any and all employment legislations identified by the Complainant herein. |
Conclusions:
The Complainant did not attend and did not therefore substantiate the complaints and disputes raised in advance of the hearing.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the disputes raised.
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
IR - SC – 00003783 - I make no recommendation
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
IR - SC – 00003784 - I make no recommendation
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
IR - SC – 00003785 - I make no recommendation
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
IR - SC – 00003786 - I make no recommendation
Dated: 14th July 2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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