Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

Self-represented

Ibec

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 - 00004563

24/06/2025

The Worker referred a dispute under section 13 of the Industrial Relations Act 1969 in relation to an investigation and disciplinary process that resulted in the issuing of a written warning to the Worker.  

The Employer objected to the investigation of the dispute.

The dispute referred to the Commission on 24 June 2025 related to a written warning that issued to the Worker on 19 June 2025 following a complaint by a work colleague. 

The Worker contested the fairness of the Employer’s process further to the complaint, including the Worker’s removal from the site, their suspension with pay and submitted the outcome was unfair and pre-determined.

Following referral of the dispute to the Commission, the Worker submitted to the Commission information updates and additions to their case on a regular basis from July 2025 through to January 2026.  These included the issuing of a final written warning on appeal, site placement following the disciplinary outcome, the cessation of suspension pay, submission of medical certificates, a grievance lodged by the Worker concerning their manager, issues regarding the Worker’s work location on the return to work from suspension/approved leave, and complaints of humiliation, discrimination, harassment and bullying in connection with a uniform issue. 

The Worker was a long-serving employee with almost 30 years’ service.

By the time of the hearing on 30 April 2026, the Worker advised that their employment with the Employer had terminated in February 2026, with the Worker referring to alleged constructive dismissal.

The Employer at all material times has objected to an investigation of this dispute by an Adjudication Officer.   

The Employer received the notification from the Commission of the dispute referral on 6 August 2025; it completed the attached objection notice and returned it to the Commission on the same date by both email and post.   The Commission notification is a letter dated 27 June 2025, addressed to the Worker at the Employer’s address. 

The Employer objected to the investigation at the earliest opportunity upon receipt of notification of the dispute referral.

At the hearing on 30 April 2026, the Employer maintained its objection to an investigation.

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

The Worker inserted their name and their personal Eircode details for the Employer’s details in the dispute referral form they submitted to the WRC.   In consequence, the WRC’s notification of the dispute to the Employer dated 27 June 2025 issued to the Employer in the Worker’s name and included the Worker’s Eircode details.  The Employer’s position is that it received the notification from the WRC on 6 August 2025, and on that date objected by post and by email to the investigation of the dispute under section 13 of the Industrial Relations Act 1969 (the “1969 Act”).  The Employer maintained that objection at the hearing.

Section 13(2) of the 1969 Act provides for referral of a trade dispute to the WRC.  Section 13(3)(b) provides that a trade dispute shall not be investigated:-

“(i)if the Court has made a recommendation in relation to the dispute, or

(ii) if a party to the dispute notifies the commissioner in writing that he objects to the dispute being investigated …”.

In relation to the objection under section 13(3)(b)(ii), section 36(1) of the Industrial Relations Act 1990 (the “1990 Act”) provides:-

“An objection under section 13(3)(b)(ii) of the Industrial Relations Act, 1969, by a party to a trade dispute to an investigation of the dispute by a rights commissioner shall be of no effect unless it is notified in writing to the commissioner within three weeks after notice of the reference of the dispute to the commissioner has been sent by post to that party.”

In the first instance, I am not satisfied that the notification that issued from the Commission dated 27 June 2025 was sent by post to the Employer within the meaning of and/or in accordance with section 36(1) of the 1990 Act.  Given that the right to object is contingent on notice of the reference of the dispute to the WRC having been sent by post to the Employer, it necessarily requires the Employer be properly notified of the dispute.  On the information before me, I am not satisfied of proper notification.  Having regard to the circumstances surrounding the Employer’s objection to investigation of the dispute, it is my view that I am precluded from investigation of the trade dispute referred by the Worker on 24 June 2025.

Furthermore, on review of the Worker’s statement in the referral of 24 June 2025, the dispute concerned the investigation and disciplinary process from in or around March 2025 to its outcome and associated matters on 23 June 2025.  The Worker added to their dispute referral on a regular basis from July 2025 to January 2026.  The Employer expressed its objection to an investigation on 6 August 2025, reiterated the objection on 22 September 2025, and again at the hearing on 30 April 2026.  I note that no formal objection paperwork issued to the Employer concerning the additional matters the Worker wished to add to their dispute referral. 

Having regard to the Worker’s position at the hearing in relation to the termination of their employment and the submission of additional dispute matters subsequent to the referral of the original dispute, including the uplift of the disciplinary sanction, the dispute in relation to an investigation and disciplinary process from March – June 2025 has been superceded by subsequent developments.

Having regard to all the circumstances and on the information before me, I consider that I am precluded from investigation of the Worker’s trade dispute having regard to section 13(3)(b) of the 1969 Act and section 36(1) of the 1990 Act, and the Employer’s position at the hearing.

Industrial relations - Investigation of a trade dispute – Right to object – Notification of the dispute referral – Referral of additional disputes