ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00036720
Parties:
| Employee | Employer |
Anonymised Parties | A Housekeeper Assistant | A Hotel |
Representatives | Self Represented | Peninsula |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | 02/04/2019 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
The Employee alleged that he was bullied. The Complainant was employed for approximately fourteen years. He submitted his dispute some four months after he ceased employment with the Employer. |
Summary of Employees Case:
The Complainant was employed as an Accommodation Assistant. He stated he was bullied by the Employer and treated as a slave. |
Summary of Employers Case:
The former Employee has taken a claim under the Industrial Relations Act regarding alleged bullying and harassment. The Employer submitted that the former Employee has not properly raised a grievance nor has he initiated the bullying or harassment procedures. The former Employee has made allegations of constructive dismissal in his claim form. In the case of Ruffley v. The Board of Management of St Anne’s School [2017] IESC 33 it was held by Charleton J.: “Correction and instruction are necessary in the functioning of any workplace and these are required to avoid accidents and to ensure that productive work is engaged in. It may be necessary to point out faults. It may be necessary to bring home a point by requesting engagement in an unusual task or longer or unsocial hours. It is a kindness to attempt to instill a work ethic or to save a job or a career by an early intervention. Bullying is not about being tough on employees. Appropriate interventions may not be pleasant and must simply be taken in the right spirit.” The onus to fully utilise the grievance procedure was discussed in Higgins v Donnolly Mirrors Ltd. (UD 104/1979) (taken from Mary Redmond, Dismissal Law in Ireland, 2nd Edition) the Tribunal rejected The Complainant’s claim for constructive dismissal as she had failed to discharge the heavy onus of proof she bore. Additionally, in the case of Conway v Ulster Bank Ltd. (UD 474/1981) (also taken from Mary Redmond, Dismissal Law in Ireland, 2nd Edition), the Tribunal found that The Complainant had not acted reasonably in resigning without first having “substantially utilised the grievance procedure to attempt to remedy her complaints.” The Respondent further relies on Donegan v Co. Limerick VEC (UD828/2011) where the Tribunal held that “the respondent’s conduct was not so unfair or damaging to the Complainant’s rights and entitlements that she had no option but to resign from her position.” |
Findings and Conclusions:
The Employer has a detailed grievance procedure contained on Page 41 of its Handbook, a copy of which was supplied to the Employee with his contract of employment. Having carefully considered the submissions of both parties the Adjudicator notes that the relevant Handbook contains grievance/ dispute resolution procedures for dealing with issues of this nature which should have been utilised in this case. In line with established precedent at both the WRC and Labour Court, the Adjudicator is not prepared to insert himself into the procedural process in a situation where the dispute procedures have been bypassed. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend in favour of the Employer. |
Dated: 04/02/2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Bullying |