Worker

Employer

Anonymised Parties

  An Employee

An Employer

Representatives

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 - 00003791

10/02/2025

The Worker commenced employment with the Employer on the 30th March 2007. She  referred her dispute to the Workplace Relation Commission (hereinafter referred to as “the WRC”) on the 10th February 2025.

The Worker outlined her belief that the internal procedures had been exhausted. The Worker had engaged in a lengthy process to resolve this matter and she believed that she had engaged and exhausted the formal procedure. 

The Employer’s representative outlined that the internal procedures have not been exhausted. The Worker’s grievance was investigated under section 7 of the Code of Practice for Appointment to Positions in the Civil and Public Service. The Employer submitted that the Worker should have made a complaint under section 8 of the Code of Practice for Appointment to Positions in the Civil and Public Service and/or should have implemented and exhausted the Employer’s internal grievance procedure before referring the dispute to the WRC. Making a complaint under section 8 and invoking and exhausting the internal grievance procedure were options still available to the Worker.

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

The Worker referred her dispute to the WRC on the 10th February 2025. Having heard from the parties it is common case that the internal procedures have not been exhausted. It is open to the Worker to make a complaint under section 8 of the Code of Practice for Appointment to Positions in the Civil and Public Service and to invoke and exhaust the Employer’s internal grievance procedure.

It is well established that before referring a grievance about any matter to the WRC an employee must exhaust the internal procedures at their workplace. In Gregory Geoghegan trading as TAPS v. A Worker INT1014 the Labour Court held:

“The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”

During the hearing, it was noted that the parties agreed that a further investigation under the complaint procedure in section 8 of the Commission for Public Service Appointments (CPSA) Code of Practice – Section 8 Making a complaint - was available to the Worker and that that procedure can be commenced. It was also noted that the parties agreed that in tandem the Worker can invoke and exhaust the Employer’s internal grievance procedure.

I conclude that as the internal procedures have not been exhausted I cannot insert myself into the procedural process. In the circumstances, I conclude that the Worker’s dispute is not well founded.