Worker

Employer

Anonymised Parties

An Accounts Payable Worker

A Utilities Company

Representatives

Self-represented

A Solicitor

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 - 00003734

31/01/2025

The Worker was employed from 22nd July 2024 to 21st January 2025.  She contends that she was constructively unfairly dismissed due to the Employer’s failure to investigate a formal complaint of inappropriate behaviour.  The Employer submits that the Worker failed to exhaust internal procedures before resigning.

The Worker was subjected to inappropriate behaviour by her manager.  She spoke to her manager who agreed to modify her behaviour.  The relationship improved for a couple of days.  The Worker then made a complaint to the Director of Finance.  The Finance Director proposed to mediate between the parties.  The Worker was happy with this proposed method of resolution.  However, the Finance Director did not speak with the Worker’s manager, and sometime later he stated he did not feel the need to speak with her.  The Worker decided to resign because of this.  The Worker confirmed to the hearing that she did not exhaust the internal Grievance Procedure before resigning.  The Worker confirmed there was no reason for not doing so.  She also stated she could have spoken to HR.  She told the hearing she did not know what recommendation she is seeking.    

The Worker did not raise a formal grievance at any time.  She attempted to resolve the grievance informally in the first instance, and as she was not satisfied with the outcome, she raised the issue informally with the Finance Director.  The Worker was absent from work for some time after this conversation.  The Finance Director spoke to the Worker’s manager and proposed to mediate between the parties.  The Worker wished to consult her husband in relation to this proposed method of resolution.  The Worker did not return to work.  The Employer made several attempts to contact her to no avail.  The Worker then resigned.  The Worker failed to exhaust the internal Grievance Procedure before resigning and referring her complaint to the WRC. 

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

Both parties confirmed to the hearing that there is a Grievance Procedure in place in the employment.  A copy was provided to the hearing by the Employer.  The Worker confirmed that she did not exhaust that procedure prior to resigning.  A worker should exhaust all avenues available to them to resolve a grievance/complaint before resigning unless there are good reasons for not doing so.   

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 position of the WRC is to uphold internal dispute resolution procedures.  The Worker confirmed there was nothing preventing her from exhausting the grievance procedure or raising her concerns with HR before resigning and referring this dispute to the WRC.  I conclude that, as the internal procedures have not been exhausted, I cannot insert myself into the procedural process.  In the circumstances, I conclude the Worker’s dispute is without merit.

I recommend the Worker accepts her complaint against her former Employer is without merit.

Alleged constructive unfair dismissal.  Failure to exhaust internal procedures.