Requirement to Exhaust Internal Grievance Procedures

In Ireland, employees are generally required to utilise internal grievance procedures before seeking legal recourse or lodging complaints with external bodies such as the Workplace Relations Commission (WRC). This requirement is intended to facilitate the prompt and effective resolution of workplace disputes within the organisation, thereby reducing the need for external legal interventions.

Internal grievance procedures usually involve several steps. These include informal discussions with managers or HR representatives, formal submission of written grievances, investigation of the complaints, decision-making by the employer, and the option to appeal decisions. By following these steps, employees demonstrate that they have exhausted all internal avenues for resolving their issues before turning to external legal channels.

Failing to complete these internal procedures may impact subsequent legal actions, as courts and tribunals often require proof that the employee made an effort to resolve the issue internally before granting legal remedies. Therefore, adherence to internal grievance procedures is both a legal requirement and a practical approach for achieving resolution and maintaining a positive employment relationship.

Case of Alleged Discrimination and Harassment

In a case involving allegations of discrimination, victimisation, and harassment, the employee, a part-time tutor and sign language coordinator, claimed that her employment ended due to work-related stress in March 2017. The employee, who is deaf, described feeling threatened and stressed at work, including issues over unpaid home tutoring fees. She alleged discrimination based on her disability and dissatisfaction with the employer’s response to her concerns.

The employer contested these allegations, attributing a confrontation with the employee to a client-related matter and emphasising their efforts to resolve the situation amicably. The employer denied any mistreatment and pointed out that the employee had not fully utilised the internal procedures available for addressing her grievances.

The adjudicator found the evidence insufficient to support claims of discrimination, victimisation, harassment, or bullying. The issues were deemed related to workplace management rather than legal violations. Consequently, no negative findings were made against the employer, and it was recommended that the matter be resolved internally with provisions for the employee’s return to work as per standard procedures.

Case Concerning Jurisdiction and Internal Procedures

In another case, the employee filed a complaint with the Workplace Relations Commission in May 2022 regarding disputes over annual leave and concerns about sick leave and returning to work. She had previously raised a grievance about annual leave under the old dispute resolution process.

The employer argued that the employee had not exhausted the internal grievance process and that the complaint fell outside the WRC's jurisdiction under the Industrial Relations Act. They noted recent attempts to facilitate the employee’s return to work.

It was determined that the WRC can only address trade disputes after all internal grievance procedures have been completed. Since the employee had not filed a formal grievance following the introduction of the Industrial Relations (Amendment) Act 2019, the WRC lacked jurisdiction to hear the dispute. As a result, the complaint was dismissed due to this jurisdictional limitation, and no recommendation could be made.