Case Number: ADJ-00002426. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00002426
Date26 January 2016
PartiesA Worker v An Employer
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Act, 1969 and following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

Background

The Complainant has been employed as a Technical Employee with the Respondent since 18th March 2008. She is employed on a full-time basis.

The Complainant referred a complaint to the Workplace Relations Commission on 16th March 2016 alleging she had been penalised by the Respondent under the Health and Safety Act, 2005 arising from a complaint she made in relation to a health and safety issue.

The Complainant also referred a dispute to the WRC on 16th March 2016.

Summary of Complainant’s Position.

Health and Safety Act, 2005

IMPACT Trade Union stated that the Complainant had submitted a formal grievance in relation to a Health and Safety Issue against her Supervisor in August 2013 and alleged that this complaint had not been concluded but that the Complainant had been penalised by the Respondent when she was relocated to a different location in June 2013.

Industrial Relations Act, 1969

The Complainant made a formal grievance on 9th August 2013 in relation to issues arising concerning a site inspection. The Respondent appointed an external investigator to report with its findings in relation to the complaint. There was a delay in issuing the investigators report and IMPACT had a meeting with the Respondent and wrote in December 2014 to the Respondent seeking an update. The Respondent replied on 12th January 2015 giving an update but also stating that there was no requirement on staff to engage. The Respondent sent a letter to the Complainant on 9th March 2015 including a brief report with a cover letter stating there were no firm conclusions and again stating they were not in a position to compel an employee to participate in the investigation. IMPACT responded by letter dated 13th March 2015 expressing their dissatisfaction on behalf of the Complainant.

The matter was unresolved and the matter was referred to a Rights Commissioner who heard the complaint on 13th May 2015 and issued his Recommendation on 29th November 2015 recommending that the investigation be completed prior to Christmas 2015. The matter was not progressed.

The Complainant requested information/report in relation...

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