INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
MARINUDA LIMITED T/A FIRE & STONE EATERY
- AND -
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Appeal of Recommendation of a Rights Commissioner r-149767-Ir-14/JW
2. This dispute concerns the Worker's claim that she was constructively dismissed from her employment with the Respondent because of alleged bullying by another member of staff. She states that she reported the matter to her employer which took no action to investigate the complaint or protect her against the alleged bullying. As a consequence she says that she had no choice but to leave her employment and was thereby constructively dismissed. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 13th April, 2015 the Rights Commissioner found that she had been denied fair procedures by the Respondent, upheld the complaint and recommended that she be paid €1,000 compensation for the loss of her employment.
On the 14th May, 2015 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 18th November, 2015.
3. 1. The Worker says that she was consistently bullied by another member of staff.
2.The Worker says that the bullying took the form of pushing, verbal abuse and on one occasion being burned with a hot rasher placed on the arm.
3.The Worker says that she reported the matter to her Manager who took no action to investigate the complaints nor to protect her from the bullying and harassment.
4. 1.The Respondent denied that any bullying took place. The owner of the Respondent stated that there was no more than a normal level of banter taking place in the restaurant and that the Complainant was participating in it along with the other staff.
2.TheRespondent stated that the Duty Manager would have investigated the complaints and found no evidence to substantiate them.
3.The Respondent stated that there was no need for the Complainant to resign from her position. Instead she should have tried to resolve her personal issues with the person in question.
Having given careful consideration to the submissions of both parties to this dispute the Court upholds the Recommendation of the Rights Commissioner and decides accordingly.
Signed on behalf of the Labour Court
18th December, 2015______________________
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.