ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002639
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives |
| Barbara Conlon |
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 - 00002639 | 17/05/2024 |
Workplace Relations Commission Adjudication Officer: David James Murphy
Date of Hearing: 06/08/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The Worker has been employed by the Employer, a recruitment agency, and is assigned to various client sites depending on demand and his availability. |
Summary of Workers Case:
The Worker had a verbal altercation with a member of staff. He did not raise the matter internally. |
Summary of Employer’s Case:
The Worker had not raised this matter as a bullying complaint internally before referring it to the WRC. Following a separate investigation a disciplinary warning issued to the Complainant in relation to his treatment of this employee. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Labour Court decision of Bord Gais Eireann -v- A Worker AD1377 sets out my remit in relation to disputes regarding internal investigations as follows: “It is not the function of the Court to form a view on the merits of complaints giving rise to those investigations nor can it substitute its views for those of the investigators appointed in either case. Rather, the role of the Court is to establish if the procedures used by the Company conformed to the generally accepted standard of fairness and objectivity that would normally be used in cases such as these.” In the circumstances where the worker has not raised an internal complaint and allowed the company the opportunity to investigate the matter. As such I cannot undertake a review into an investigation that did not or indeed could not happen |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Employer take no further action.
Dated: 22-10-25
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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