ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003556
Parties:
| Worker | Employer |
Anonymised Parties | An Employee | An Employer |
Representatives | Vernon Hegarty SIPTU | Interim HR Manager |
Dispute:
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 - 00003556 | 13/12/2024 |
Workplace Relations Commission Adjudication Officer: Christina Ryan
Date of Hearing: 31/10/2025
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 a remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
I received and reviewed documentation from both parties prior to the hearing.
No issues as to my jurisdiction to hear the dispute were raised at any stage of the proceedings.
As this is a trade dispute under Section 13 of the Industrial Relations Act 1969, the hearing took place in private and the parties are not named. They are referred to as “the Worker” and “the Employer”.
Background:
The Worker referred the within dispute to the WRC on the 13th December 2024. |
Summary of Workers Case:
The Worker attended the hearing and was represented by her union representative. He made comprehensive submissions on the Worker’s behalf and highlighted the relevant correspondence between the parties. I also had the benefit of hearing from the Worker. The Worker sought a recommendation that a letter of acknowledgement and apology be issued and that the Worker be paid compensation for the distress caused to her as a result of the protracted period through which the Worker has been denied access to the internal procedures. It was submitted that any financial recommendation should have a dissuasive effect. |
Summary of Employer’s Case:
The Employer attended the hearing and was represented by its Interim HR Manager who made comprehensive submissions on behalf of the Employer. The Employer agreed to issue a letter to the Worker on or before the 6th November 2025 acknowledging, and apologising for, its failure to adhere to its own policies and procedures and to pay compensation to the Worker. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
It was common case that the Worker raised a grievance utilising the Employer’s internal grievance procedure in November 2023. The grievance related to procedural failings in 2020 through 2022.
A Stage 1 hearing of the grievance submitted in November 2023 took place on the 25th July 2024. The Worker’s representative submitted that despite agreement by the Employer on the 25th July 2024 that a letter of acknowledgement and apology would issue following the said meeting, and despite repeated requests by the Worker, no Stage 1 outcome letter has issued. The Employer acknowledged that an outcome letter did not issue to the Worker and apologised for the breakdown in the process and the management errors that occurred and for the distress caused to the Worker.
Following engagement (a) the wording of the acknowledgement and apology was agreed by the parties at the hearing and is set out below under the heading “Recommendation” and (b) the parties agreed that the Employer would pay the Worker €3,000 in compensation for the distress caused to her.
I was asked to record the terms of the agreement in this Recommendation and to make Recommendations in the terms of the agreement. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
In accordance with the agreement reached by the parties at the hearing I recommend the following:
I recommend that the Employer issue a letter to the Worker on the following terms:
“The [Name of Employer] acknowledges that in the matters raised by [insert name of Worker] in her grievance, the applicable policies and procedures were not adhered to by them to the [insert name of Worker]’s detriment. We apologies for this and give assurances that all proper care will be taken to ensure that this does not happen again in the future.”
I recommend that the Employer pay the Worker the sum of €3,000 in compensation for the distress caused to her.
For the avoidance of doubt the sum of €3,000 is compensation and not remuneration.
Dated: 03-11-2025
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
|