ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003520
Parties:
| Worker | Employer |
Anonymised Parties | A Merchandiser | A Large Retail Organisation |
Representatives | Self-representation | Laura Kerin IBEC |
Dispute(s):
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 - 00003520 | 06/12/2024 |
Workplace Relations Commission Adjudication Officer: Donal Moore
Date of Hearing: 13/05/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
This matter was heard by way of remote hearing pursuant to 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 was 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.
Background:
The matter had been part-heard previously and was adjourned to allow for the completion of internal procedures to be fully exhausted. |
Summary of Workers Case:
The Worker sets out that they have been a victim of isolation, exclusion, humiliation, and less favourable treatment for the previous year by their line manager. They submitted considerable documentation of contemporaneous notes, and screenshots of treatment since October 2023. They had been absent due to work related stress for 3 months as a result and outlined a series of ongoing issues |
Summary of Employer’s Case:
The Employer sets out that the matter of the dispute is still part of internal matters and these are not concluded. Many of the issues have been settled through the use of an internal Mediator and some matters are still outstanding and the Worker has otherwise disengaged. Whilst this is the case the Employer is still committed to engagement and resolution through mediation. On the position that the Worker has not finalised the internal procedures the Employer submits that the Adjudication Officer does not have jurisdiction and asked that the mater be dismissed where the internal procedures have not yet been exhausted. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. There are a multitude of issues here and many have been dealt with through the skilful use of internal mediation. It was suggested to the parties at the hearing that they may wish to agree the use of an external mediator to resolve the final matters.
It is well established that a Worker must have exhausted all internal procedures before referring the matter to the WRC for Adjudication under the Act and it is correct on the part of the Employer to point out that the Adjudicator does not have jurisdiction in this instance. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The Worker is required to exhaust the company grievance procedure prior to making a complaint pursuant to S13 of the Industrial Relations Act 1969. On that basis I do not have jurisdiction, and I do not make any recommendation.
Dated: 06/06/2025
Workplace Relations Commission Adjudication Officer: Donal Moore
Key Words:
Exhausted procedures, internal mediation, external mediation |