ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003999
Parties:
| Worker | Employer |
Anonymised Parties | A forklift operator | A company |
Representatives | Self-represented | Eilean Hynes, Hynes HR |
Dispute:
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 - 00003999 | 12/03/2025 |
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Date of Hearing: 18/09/2025
Procedure:
In accordance with section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The Worker referred his dispute regarding bullying and harassment procedures in the Employer’s organisation to the Director General on 12 March 2025. |
Summary of Workers Case:
The Worker confirmed at the adjudication hearing that the dispute is in relation to the same set of facts as his complaint under another piece of legislation which he referred to the Director General of the WRC separately. The Worker submitted that he raised a complaint of bullying and harassment against a coworker. He confirmed that he decided not to engage with an investigation by a third-party appointed by the Employer and resigned his position with immediate effect on 25 March 2025. |
Summary of Employer’s Case:
The Employer submitted that it had engaged an independent third-party to investigate the Worker’s grievances. However, the Worker did not engage with the investigation and decided to resign with immediate effect. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
At the adjudication hearing, it was confirmed by the Worker that the Worker’s dispute is based on the same facts that are contained within his complaint that was separately referred to the Director General under another piece of legislation and was dealt with separately as appropriate. The Worker has already sought redress in respect of the claim under the relevant statutory framework.
Furthermore, it is incumbent upon a Worker to follow and exhaust all internal procedures prior to referring a dispute to the Workplace Relations Commission. The Worker conceded that he did not engage with the Employer and the third-party nominated to investigate his grievance.
In Geoghegan T/A Taps v a Worker INT 1014 the Labour Court held that “The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”
It is well established by the Workplace Relations Commission and the Labour Court that they do not intervene in a dispute under section 13 of the Industrial Relations Act 1969 until all internal procedures have been fully exhausted.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not recommend in favour of the Worker in relation to this dispute. |
Dated: 21st January 2026.
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Internal procedures not exhausted – another claim under another piece of legislation |