ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001111
Parties:
| Worker | Employer |
Anonymised Parties | Night Receptionist | Hotel |
Representatives | Self | There was no appearance by, or on behalf of, the Employer |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001111 | 13/02/2023 |
Workplace Relations Commission Adjudication Officer: Marie Flynn
Date of Hearing: 06/07/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)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 information relevant to the dispute.
Background:
The Worker alleges that he was assaulted at his place of work by a member of public and that his Employer failed to address his concerns about his safety. |
Summary of Workers Case:
The Worker alleges that he receives regular abuse in his place of employment. He submits that on the night of 2 January 2023 he was harassed, abused, insulted and physically attacked by a member of the public. The Worker submits that the Employer did not provide any security. The Worker says that he called the Guards and that the Guards arrested his assailant who was tried and found guilty. The Worker contends that when he requested an incident report from the HR Manager via email, he did not get one. The Worker says that he mentioned the incident in his handover form which is read by a manager but there was no communication from the manager. The Workers asserts that he emailed approximately ten managers, including the General Manager, the HR Manager, the Operations Manager, the Duty Manager and the Night Manager, about the incident but did not receive any response. |
Summary of Employer’s Case:
There was no appearance by or on behalf of the Employer at the hearing. I am satisfied that the Employer was informed in writing of the date, time and place at which the hearing to investigate the dispute would be held. The Employer did not object to the investigation by an Adjudication Officer in line with section 36(1) of the Industrial Relations Act 1990. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the Worker. The Worker has made very serious allegations about a member of the public who assaulted him. He says that he reported the assault to the Guards who dealt with the alleged perpetrator. The Woker asserts that he reported the alleged assault to ten managers, that he reported the assault in his handover form and that he sought an incident report form from the HR Manager but that he did not receive a response to any of his communications. The Worker did not provide me with any documentation to support his assertions. It is regrettable that the Employer did not avail of the opportunity to engage with the WRC process and give its version of the events which led to this referral. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
All employees are entitled to work in a safe workplace, free from assault or abuse. I am cognisant that the incident in question has been reported to, and dealt with by, An Garda Síochána. However, based on the uncontested submission of the Worker, I recommend that the Employer reviews the security arrangements that are in place in the Worker’s place of employment in order to address his concerns about his personal safety. |
Dated: 16/10/2023
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Review of security arrangements |