ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003034
| Worker | Employer |
Anonymised Parties | A Customer Agent | An Online Jewellery |
Representatives |
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Disputes:
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 - 00003034 | 23/08/2024 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 27/03/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged.
Background:
The worker submits that she was bullied and that her employment ended without fair procedures. The employer did not attend. |
Summary of Workers Case: CA 0006577-001
The worker submits that when she started with the employer, she enjoyed the atmosphere from about September to December 2023 but it then deteriorated. The worker felt constantly undermined and targeted, and Ms A would send messages over chat while in the same room with the worker that were both passive aggressive, undermining and threatening and Ms A would not reply to messages the worker sent even though Ms A clearly saw the messages. Messages included “your status is away” “don’t send this to people. If you can’t answer transfer it to me”. There was clear favouritism in the office as Ms A did not treat other employees like this. The role was a customer service agent, but the worker also had to run Ms A’s Airbnb messaging/ calendar despite these responsibilities not advertised on the job listing.
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Summary of Employer’s Case: CA 0006577-001
The employer did not attend and did not engage with the WRC regarding this dispute. |
Conclusions: CA 0006577-001
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The employer did not attend, and I am satisfied that the employer was on notice of this hearing and find their failure to attend unexplained.
The worker submits that the behaviour of the employer amounted to bullying and harassment. I have reviewed the messages exchanged between the parties. Some of the messages would appear to be the normal communication between manager and worker regarding work performance. Some of the messages, however, appear to be more aggressive and taking into consideration all the submissions form the worker and that no bullying and harassment policy were issued I find in favour of the worker’s dispute and find it well founded and recommend that compensation of €1,500 be paid.
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Summary of Workers Case: CA 0006577-002
The worker submits that she was dismissed without reference to appropriate procedures. When the worker started, she enjoyed the atmosphere from about September to December 2023 but it then deteriorated. The worker felt constantly undermined and targeted, and Ms A would send messages over chat while in the same room with the worker that were both passive aggressive, undermining and threatening and Ms A would not reply to messages the worker sent even though Ms A clearly saw the messages. Messages included “your status is away” “don’t send this to people. If you can’t answer transfer, it to me”. There was clear favouritism in the office as Ms A did not treat other employees like this. The role was a customer service agent, but the worker also had to run Ms A’s Airbnb messaging/ calendar despite these responsibilities not advertised on the job listing. . After the worker requested annual leave around 06/05/2024 Ms A did not reply and then on 16/05/2024, Ms A replied “…, after reviewing work available, I unfortunately do not have a position for you going forward , the workload has decreased and I am cutting other people’s hours also , I will pay you your notice time at the end of the month so there is no need to come back to the office” .
The worker received this around 8pm and did not return afterwards and received payment up to 07/06/2024 which included holidays. There was no probation provided for within the contract and the worker was not given any feedback and she said that nobody else had their employment terminated and the employer continued to advertise positions including the worker’s position.
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Summary of Employer’s Case: CA 0006577-002
The employer did not attend and did not engage with the WRC regarding this dispute. |
Conclusions: CA 0006577-002
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The employer did not attend, and I am satisfied that the employer was on notice of this hearing and find their failure to attend unexplained.
I note that the worker’s contract does not appear to provide for probation and the worker submits that there were no warnings issued and that if business had decreased nobody else had their employment or hours reduced and the employer continued to advertise for people. It would appear on the facts in front of me that the employment ended without any consultation with the worker, and I award the complainant compensation of €500.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Key Words:
CA 0006577-001 I find that the dispute is well founded, and I award the complainant compensation of €1,500.
CA 0006577-002 I find that the dispute is well founded, and I award the complainant compensation of €500.
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Dated: 11th of April 2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Customer care agent, bullying, dismissal, performance |