Worker

Employer

Anonymised Parties

A Junior Account Manager

A Company

Representatives

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 - 00003648

14/01/2025

The Worker referred a dispute on the 14th of January 2025 against his former employer regarding bullying and harassment procedures in the Employer’s organisation.

The Worker attended the hearing and made his own case.  

The complaint submitted refers to bullying and harassment procedures however the case outlined by the worker referred a number of issues outside of bullying and harassment procedures.

Issues outlined by the worker related to a dispute over a company mobile phone, the allocation of a company car and allegations of instructions from the employer to repay cash from wages on a regular basis during his employment.    The worker advised the hearing that the company ceased trading shortly after he left the employment.  

The former Employer attended the hearing and was self-represented.

 The employer advised the hearing that the worker had not raised any allegations of bullying and harassment with him during his employment.  The employer advised the hearing that it had a formal and informal grievance procedure none of which was invoked or exhausted by the worker during his employment.

The employer stated that there was an ongoing dispute between the parties regarding an overpayment of wages in respect of which the respondent had sought repayment from the worker and that this matter was still outstanding.

The employer stated that the wage issue was the subject of an ongoing Debt claim notice process.

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

In considering this matter it is also noted that the purpose of the Commission in regard to disputes referred under the Industrial Relations Acts is to offer a practical solution to a dispute, within a voluntarist framework, in an effort to resolve the issues between the parties.

Regarding the present dispute, it is clear that the parties are entirely and irrevocably at odds with each other, the employment relationship has ended, and the parties are now in litigation over a payment issue.   In such circumstances, it is difficult to envision any practical, workable solution to the trade dispute that may result from this investigation.

In addition, in considering this matter I note that it is well established that before referring a grievance to the WRC, an employee must exhaust the internal procedures available at their workplace. In Gregory Geoghegan trading as TAPS v. A Worker (INT1014), the Labour Court held:

“The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”

The worker at the hearing accepted that he had not raised any formal complaint under the employers bullying and harassment procedures or grievance procedure.   The employer advised the hearing that it had provided the worker with its policies on two occasions.    The worker did not dispute this.   The worker stated that the reason for not making a formal complaint was that he did not want it to affect his job.  

I am thus satisfied that the matter referred had not been processed internally prior to referral to the WRC and in all of the circumstances of this case, I find that it would be inappropriate to issue a finding in respect of this matter.

I do not recommend in favour of the worker in relation to this dispute.