Complainant

Respondent

Parties

Fiona  Franklin

Taoglas Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

Robin McKenna IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00066216-001

23/09/2024

The Complainant contends she was pressured during a 13 August 2024 mediation session to sign an agreement and resign or face dismissal, which she claims was unfair. The Respondent maintains that, having signed the Mediation Agreement, the Complainant is precluded from taking further legal action against them.

The Complainant submits that, during a mediation session on 13 August 2024, which she attended without the benefit of any legal representation, she was placed under undue pressure to sign a Mediation Agreement.

She states that the Respondent, through the Mediator, informed her that if she did not sign the agreement and resign from her position, she would be dismissed.

The Complainant asserted that this amounted to coercion and that the circumstances surrounding the signing of the agreement were unfair and contrary to the spirit of a voluntary mediation process, especially in circumstances where she did not have any legal representation.

The Respondent stated that I do not have jurisdiction to hear this complaint because the Complainant signed a mediation agreement on 13 August 2024 which precludes her from taking any legal action against them.

It is appropriate to first address the Mediation Agreement signed by the parties on 13 August 2024 as a preliminary matter.

The Respondent contends that I am precluded from hearing the complaint by virtue of the Mediation Agreement signed by both parties and section 39 of the Workplace Relations Act 2015.

The Complainant submits that, during the mediation session on 13 August 2024, she was placed under undue pressure. She states that she was informed, through the mediator, that if she did not sign the proposed agreement and resign her position, she would be dismissed.

The Mediation Agreement at issue was concluded under section 39 of the 2015 Act, which allows for complaints to be resolved by mediation rather than adjudication. The evidence shows that the Complainant lodged a complaint under section 41 of the Act on 5 April 2024, which was referred to mediation in accordance with section 39(1). A mediation meeting took place on 13 August 2024 under section 39(2) and (3), and a Mediation Agreement was signed resolving the matter. I am satisfied that the Agreement was concluded in accordance with section 39(4) of the Act.

The instant complaint was subsequently lodged with the Commission under section 41 on 24 September 2024 and referred to me for adjudication.

Confidentiality is a cornerstone of mediation and is expressly provided for in section 39. It extends not only to the Mediation Agreement but also to all communications and records relating to the mediation process. The Respondent has not consented to the publication or disclosure of any such material. Sections 39(7) and (8) of the 2015 Act also provide that the terms of a mediated resolution and all communications or records relating to it shall remain confidential and shall not be disclosed in any proceedings other than those concerning a breach of the agreement. Section 39(6) of the Act also makes clear that the terms of such an agreement are binding on the parties.

Considering the foregoing, I find that I do not have jurisdiction to either review or set aside the terms of the Mediation Agreement.

Accordingly, I find that I do not have jurisdiction to investigate the complaint.

I find that I do not have jurisdiction to investigate this complaint for the reasons set out above.