The Importance of Process

We know that as an employer, following your own internal procedures is crucial to mitigate the risk of an employee taking a successful case against the Company. This recent ruling from the Workplace Relations Commission has confirmed this and specifically emphasised the value of the Company Grievance/Dignity at Work Procedures.

Summary of Employee’s Case Presented to the Workplace Relations Commission:

The former employee filed the complaint under the Industrial Relations Act 1969 and alleged that she was compelled to resign due to employee’s gossiping in the workplace. The employee acknowledged awareness of the Company’s grievance procedure but confirmed that she chose not to exhaust it. Additionally, she raised concerns regarding the Company’s bullying and harassment policies but noted that she had not engaged with the procedures available to address such issues.

Summary of Employer’s Case Presented to the Workplace Relations Commission:

The Company put forward that the employee had never formally raised a grievance despite the presence of an established grievance procedure. They further noted that she tendered her resignation without first seeking resolution through the internal procedures provided by the Company. The employer also noted that while the employee criticised the organisation’s bullying and harassment procedures, that she had not attempted to invoke them before resigning from her role within the organisation.

Summary of Adjudication:

The Adjudication Officer clarified that the Workplace Relations Commission’s Industrial Relations process is accessible to employees who have attempted but failed to resolve their issues through their Company’s internal procedures. Employees are expected to follow these internal processes before escalating a dispute to the Workplace Relations Commission. Since the complainant did not do so, the case was deemed to lack merit.

Key Takeaways:

• Ensure that all employees receive a copy of the Employee Handbook and return a signed copy of the Acknowledgement Form.
• Ensure that Company procedures are applied and adhered to consistently.
• Address issues in line with the appropriate procedures as they arise.
• Should you get a resignation in haste, it is important not to accept the resignation immediately until all matters are resolved.
• You as the Employer have the responsibility to ensure all grievances have been addressed.
• Contact The HR Company for guidance and advice on correct procedure as issues arise.