Case Number: ADJ-00027622. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00027622
Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969, 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 evidence relevant to the dispute.

Background:

On March 20, 2020, the Claimant, an Executive Officer submitted a Dispute for investigation under the Industrial Relations Act, 1969.

The Dispute, outlined by the claimants Solicitor, centred on a grievance raised by email on 13 November 2018, which remained unresolved.

On the 16 June 2020 the Employer, a Government Department responded to the WRC letter of invitation to participate in Mediation/Adjudication in the following manner:

“I do not object to an investigation of the above Dispute by an Adjudication Officer “

In anticipation of hearing on December 4, 2020, both parties were invited to make written submissions. I requested sight of the claimants submitted appendices already shared with the employer and received these post hearing .

The claimant was represented by her Solicitor and the Employer by Counsel.

The Employer raised a preliminary argument of jurisdiction under the Industrial Relations Acts.

Summary of Complainant’s Case:

The Claimants Solicitor outlined the background to the claim. The claimant had worked in various government departments since March 1992. She had requested a mobility transfer early in November 2018.

On 13 November 2018, the claimant raised a grievance in line with Circular 11/2001 to the National Human Resource Office. The nature of the grievance surrounded a verbal allegation from a colleague in which she was dissatisfied.

The claimant was directed to advance her issue through the Dignity at Work Policy and not the grievance procedure.

All efforts at resolution, both local and national were unsuccessful and the claimant contended that she had been obstructed in her clear desire for a resolution.

The Claimant attached a chronological log of documents of inter party correspondence and she surmised that she had not been given a platform to have her grievance properly aired. This prompted the referral to the WRC.

Preliminary Issue of Jurisdiction:

The Claimants representative was keen that the claimant be heard at Adjudication as all prior attempts to resolve her grievance had been fruitless and this had impacted negatively on the claimant, who was a long serving employee of 26 years.

The claimant was aware that the employer had agreed to adjudication and had focussed on reaching a resolution through Adjudication and was disappointed to be faced with a late...

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