ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002473
Parties:
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| Worker | Employer |
Anonymised Parties | {A Worker} | {An Employer} |
Representatives |
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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 - 00002473 | 11/04/2024 |
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Date of Hearing: 10/07/2025
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.
Background:
The Worker is employed since 19th January 2021. |
Summary of Workers Case:
The Worker made a complaint against her manager on 5th March 2024 as he was screaming in her face. She was informed the investigation would take one week. She was moved to another area as they worked closely together. She was not updated on the matter until 5th April 2024 when she was told the finding was true but no consequences were applied. She was then told she had to return to work with the manager. She did not want to as she was too afraid. She was told on 15th April 2024 that there was no role for her in the area she was currently working in and later that day they hired someone for the role. She was told she could return to work with the manager or leave. The Worker went on sick-leave for a lengthy period which is unpaid. |
Summary of Employer’s Case:
The Employer said there was an investigation into the Workers complaints in March 2024. The Worker was moved to another role for one month while this was ongoing. The complaint was upheld and appropriate action was taken. It is untrue that no action was taken against the manager however this matter is private. Dignity at Work training was given to Managers. When the outcome of the investigation was provided there was no alternative role for the Worker. She was not replaced. The Worker applied for a role of fitter and was unsuccessful. The Worker submitted a lengthy sick-certificate and was not engaging with the employer regarding her return. There are opportunities available and they are prepared to discuss these options. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
All parties attended the hearing on 30th May 2024 when the dispute was adjourned to see if the dispute could be resolved. The hearing was rescheduled for 10th July 2025. However there was no appearance by or on behalf of the Worker at the resumed hearing.
In the circumstances, I make no recommendation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I make no recommendation.
Dated: 04-11-25
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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