ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00003861

Parties:

	Worker	Employer
Anonymised Parties	An Employee	An employer

Representatives

Self-represented

Declan Brooks Shanley Solicitors LLP

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 - 00003861	21/02/2025
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	IR - SC - 00003862	21/02/2025

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 02/09/2025

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:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings

Summary of Workers Case:

The worker indicated that the employer did not follow their own grievance procedure timetable. The worker also indicated that they were making a complaint of bullying and harassment against the employer. She confirmed that she did not avail of the grievance procedure, nor the bullying and harassment complaints procedures outlined in the employee handbook.

Summary of Employer’s Case:

The respondent indicated that although they had not responded to the opportunity to object to the hearing of the Industrial Relations disputes and, noting that although they were properly before the Adjudicator, indicated that they would not be partaking in the Industrial Relations process.

Conclusions:

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

The worker outlined a situation where the employer took a grievance against her but did not give her a copy of the grievance. She also outlined that when she did not engage appropriately in discussions of a change in her role and salary that the employer threatened her with redundancy.

As the worker outlined the situation in the workplace it became apparent that almost none of the staff (neither the worker, the staff of HR or the managers) had a proper understanding of what was meant by a grievance procedure, nor had they an understanding of the bullying and harassment procedures mentioned in the staff handbook.

When the worker was threatened with having a grievance brought against her seemed to relate to disciplinary proceedings and not to a grievance procedure. As for the allegations of bullying and harassment, the worker seemed to be unaware that she could pursue a complaint against her manager under these procedures in the circumstances.

The employer refused to engage with the hearing of the industrial relations issues. Accordingly, I am left to conclude that the employer has no understanding of the concept of a grievance procedure nor of bullying and harassment procedures.

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 introduce a comprehensive grievance procedure and train all staff in its use and operations.

I further recommend that the employer introduce a comprehensive bullying and harassment procedure and train all staff in its use and operations.

I also recommend that the employer pay the worker compensation of €3000 to cover the lack procedures within the workplace, and to cover the lack of training of management and HR staff in appropriate employment and industrial relations procedures.

Dated: 03-09-2025