ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004067
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives | Self-Represented | Self-Represented |
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 - 00004067 | 03/04/2025 |
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Date of Hearing: 12/03/2026
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. The hearing was conducted in person in Lansdowne House.
As this is a trade dispute under section 13 of the Industrial Relations Act, 1969 the hearing took place in private and the parties are not named. They are referred to as “the Worker” and “the Employer”. Section 13(9)(c) of the Act provides that hearings shall be heard in private and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.
The Worker attended the hearing and represented himself. The Payroll & HR Administrator together with the Senior Contracts Manager attended on behalf of the Employer.
I explained to both parties at the outset the way the hearing would proceed, and I clarified for the parties the role of an Adjudication Officer in an Industrial Relations dispute. I clarified that it is a voluntary process and that no formal evidence is taken. In that context there are no findings of fact made. I explained to the parties that I would be seeking information during the hearing in order to gain an understanding of the full extent of this dispute.
Where applicable this investigation may involve an assessment of whether processes have complied with the general principles set out in the Code of Practice on Grievance and Disciplinary Procedures S.I. 146 of 2000.
I have confirmed that the Worker herein is a Worker within the meaning of the Acts, and I have conducted an investigation into the dispute as set out in section 13. It is noted section 13 of the Industrial Relations Act of 1969 empowers me to make a recommendation or recommendations to disputing parties on foot of any investigation so conducted. In making such recommendation/s I am obliged to set out my opinion on the merits of the dispute and the position of the parties thereto.
It is noted that any consideration on the merits of the dispute will include an examination of the efforts made by the parties to exhaust any and all internal procedures or structures which ought to have been utilised before referring the dispute to the WRC.
At the outset of hearing it became apparent that the dispute at issue in the within referral had not been raised internally with the Employer through the appropriate internal mechanisms. It was explained to the Worker that there is a duty to exhaust all internal remedies that are available prior to the referral of a dispute to the WRC and that 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.
Background:
This matter came before the WRC dated 03/04/2025 as a complaint seeking adjudication by the WRC under section 13 of the Industrial Relations Act, 1969. The aforesaid dispute was referred to me for investigation. A hearing for that purpose was scheduled to take place on 12/03/2026. The specific complaint details on the WRC complaint form set outs out Industrial Relations Issues Type as Bullying and Harassment Procedures. The narrative on the complaint form provides as follows: “I made a complaint about bullying at work and investigation is still pending and I am out rostered and reply.” The Worker is a former employee of the Employer. It is noted that in 2015, in an amendment to the Industrial Relations Act 1947, the term, “trade dispute” was expanded to mean: “… any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person and includes any such dispute or difference between employers and workers where the employment has ceased.” [emphasis added] The Worker commenced employment with the Employer on 21/03/2022 and he resigned with immediate effect on 12/04/2025. |
Summary of Workers Case:
The Worker submits he was bullied and he sent lots of emails about it to his employer and to others. |
Summary of Employer’s Case:
The Employer submits that the Worker was provided with the Employer’s Policies and Procedures on Grievance, Discipline and Bullying and Harassment when he commenced employment and during his employment. The Worker did not invoke the Bullying, Harassment and Sexual Harassment Policy. The Worker did raise a grievance on 22 March 2025 which was investigated and which did not make reference to being bullied or harassed. The issues raised as follows: Hope you are doing well. I applied for holiday for 21 st but not approved. I do understand that on sickness certificate I can not get it. I only have some questions – 1) In Corona virus time [Redacted] was positive for Corona virus and I was sitting next to her on work. You came on site and I requested you to take to me out of site, so I do not get virus , you laughed and left me there working with her for 3 days. Was that under HSE guidelines. [Redacted] and [Redacted] are proof if you forgot. 2) Proper rest breaks - I reported to you a lot of times that I was not getting proper breaks but you ignored and made me worked. Was it under work place relation act - please find some pics attached with this email and there are more like that but for now I am sending you these. 3) In 2023 , I did not get bank holidays as Rosters were made to give favours to Irish and European people and I was totally ignored. I used my holidays to get money. Was that fair 4) Data share and phone tapped - I made complaint to you against [redacted] but you said I do not have proof. I am a common man I can not get proof so I have made complaint to Data protection commission , hope they will find out who was that. Please find attached reference number so if you would like to share with [redacted]. 5) if some one make complaint against company or say something to you guys , you change his roster and cut hours and gives too much stress - which I believe you will be doing with me again as you did before. I do not want this again. I will be making complaint to work place relations as well for the same. I have a lot more to say but I am not writing all those but I will be bringing that in front of work place relations and data commission. I am really sorry I am doing this but I do not have any other choice as you guys put too much pressure on me. What ever you guys do is right because you pay us and we( workers) are always wrong because we work hard for you guys. This is not the way of treating workers. If I did any mistake last year , I did because of stress and pressure from [redacted client name] and Employer. Sorry I forgot to add on I had toothache on job but no one was available to cover me , so whole day I was in pain on job and got to doctor with [redacted] after the shift as no one was available to cover me. I also broke my tooth on work one day but no one was available to cover my shift so whole day I was in pain and was working and survived on pain killers. I will be making complaint for all this and which I wrote before. If I get a call from you on Monday we will talk or otherwise on Tuesday I will be taking Employer to court and believe me , I have never done anything wrong in my life and I will fight till I die. Monday or Tuesday I will also be in garda station to explain everything which you guys did with me. I have a lot more to say which I will be explaining in garda station on Monday or Tuesday. No one can burn by house.” There was also a handwritten list of incidents appended. The Employer submits a grievance meeting took place on 01 April 2025.
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Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
It was not in dispute between the parties that the Employer has established internal dispute resolution procedures and mechanisms for addressing grievances and disputes of an industrial relations nature.
I note the Worker formally indicated that he had read the Company Handbook and he formally acknowledged receipt of same by signing the Employee Handbook declaration.
I note the Worker raised a grievance as set out above. I note there is no reference to bullying in the aforesaid grievance. I have carefully reviewed every document provided by both the Worker and the Employer and in so doing I have found a number of references to bullying set out by the Worker as follows:
1. House break in – Whatever I was doing at home, they all knew before as they were being helped by my house mate. They even sent people inside my house. Whatever I was doing in my room, they knew and bullying and harassing me for the same. I also believe some of my neighbour houses was used to keep an eye on me. The data they were collecting was mainly getting from my [redacted] phone. [Redacted] client hacked my phone or [redacted] data centre, even what’s app, microphone and was reading my emails through [redacted] phone which I was using.
2. They got access to my office 365 email and they read all emails and were taunting me like If I order something thing online even from my house, they knew and were bullying me for the same means they knew everything whatever I was doing online.
3. I was being followed everywhere like in Luas and bus and people were threatening me and were taking names of [redacted] and [redacted]. While I was on work I was being added by drug dealers on what’s app and was getting calls from different numbers. They shared my data with drug dealers.
4. I am Hindu and believe in Kundli 21 February 2025 -Second accident – Before the accident, Clients like [redacted] were threatening me, you might not survive second accident, or anything can happen while you will be coming to work. Again Bulling (Horoscope). I only told the girl about my beliefs and as [redacted] records everything on work, they all were bulling me and was making fun of that even the clients.
5. I had accident while going on work two times. I believe, they were somehow connected to both accidents. First time I got accident while going on work and the guy who did my accident was related to [redacted client site]. I had accident while going on work and they knew before I reached on work and they were making fun of me, and all were laughing on work (Bulling and harassment). I could not do anything as I was scared for my family. I sent email to Minister of justice about them and given complaint to Garda.
6. They were all trying to scare me and was making gestures. They all were following me in the building and were making gestures to scare me. Which again comes in bulling and harassment.
7. I sent email on 4/4/25 as well mentioning threats given by clients and staff. I told them so many times about threats (bulling and harassment), please check I have shown every email. Threat comes in bulling and harassment.
8. 21 February 2025 -Second accident – Before the accident, Clients like [redacted] were threatening me, you might not survive second accident, or anything can happen while you will be coming to work. Again Bulling [SIC]
It is not in dispute the Worker did not invoke the Bullying, Harassment and Sexual Harassment Policy.
The Worker’s grievance email to the Employer as set out above was investigated by the Employer under the Grievance Procedure which clearly sets out as follow:
“We have a separate Bullying, Harassment & Sexual Harassment Policy that may be useful if you have been the victim of bullying or harassment or wish to report an incident of bullying, discrimination, harassment or sexual harassment involving other people.”
I note the Worker’s grievance makes no reference to bullying and I can only conclude there was no internal procedure invoked by the Worker in respect of the various allegations of bullying set out above.
I note the Bullying; Harassment & Sexual Harassment Policy presents a clear structure on the avenues available for the resolution of issues together with a comprehensive definition of bullying including a non-exhaustive list of the components of same.
The consideration of a trade dispute and any recommendation thereto is informed and guided by previous decisions of the Labour Court as they apply to a trade dispute under the Industrial Relations Act.
It is well established that before bringing a grievance to the Workplace Relations Commission (WRC), a worker must firstly exhaust the internal procedures available at their workplace. Furthermore, 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. This has clearly not happened in the circumstances of the present dispute.
I have regard to the case of Gregory Geoghegan t/a TAPS v A Worker [INTI014] in which the Labour Court held as follows:
"The Court is not prepared to insert itself into the procedural process in a situation where the dispute resolution procedures have been bypassed”.
For the reasons set out above I am unable to find merit in this dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not recommend for the Worker.
Dated: 30/03/2026
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
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