Background:
The Complainant was an employee of the Respondent from May 1988 until his retirement in June 2023. The Complainant had served as a representative of a trade union recognised by the Respondent for collective bargaining purposes for approximately 30 years, but in 2018 became a member of a separate trade union, the Independent Trade Union (“the IWU”) which was not recognised by the Respondent. The Complainant wished to receive paid release from his normal duties to represent members of the IWU, just as the Respondent provides for representatives of its recognised trade unions. The Respondent refused to do so, and the Complainant made a referral to the Workplace Relations Commission under the Industrial Relations Acts 1946 – 2015.
The Respondent first said it was an essential requirement for the Complainant to engage with internal procedures for any grievance or dispute prior to its reference to the WRC. The Complainant, in response to this point, said that the process was manifestly unfair and therefore progressing through it would be pointless. The Respondent agreed with the facts as presented by the Complainant insofar as it agreed it refused the Complainant paid release for union business as a representative of the IWU, and said it was under no obligation to provide such leave for unions outside the group of unions with which it had collective bargaining relationships.
Outcome:
The Adjudication Officer declined to address the substantive question brought by the Complainant. The Adjudication Officer found that the Complainant had failed to exhaust the internal processes of the Respondent, and that those processes were not shown to be so manifestly unfair to override the policy of Adjudication Officers not interfering with the internal processes and industrial relations of an employer.
Practical Guidance for Employers:
One less-recognised reason why it is important for employers to have robust grievance procedures is because it ensures disputes are handled internally prior to referral to the WRC.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/december/ir-sc-00001119.html
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