Worker

Employer

Anonymised Parties

A Chef

A Restaurant

Representatives

Self

Aoife McGookin IBEC

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 - 00003867

24/02/2025

The Worker was employed by the Employer as a Chef de Partie on 30th July 2023. His employment ended on 19th February 2025. He submitted this dispute under the category of bullying and harassment procedures.

The Worker’s dispute relates to the aggressive behaviour of the Head Chef and the volume of the workload. He said that the Head Chef would freeze him out and ignore him for extended periods as well as giving orders by shouting aggressively. When mistakes occurred, he would yell, insult, and bang on metal containers, creating loud and distressing noises. The Worker said that there was excessive pressure from the restaurant owner as well and he would be rushed unnecessarily with demands for food before it was ready. This constant pressure made it impossible for him to focus on his work and the overwhelming situation affected his mental and physical health to such an extent that he required sick leave and, ultimately, to leave the position.

The Worker said that he had requested a reduction in hours, which had been granted to others, but his concerns were not taken seriously. He would sometimes work until 10pm and then be required back in at 8am so did not have enough rest time in between his shifts. He raised his concerns with the Head Chef and Sous Chef but he was only advised that he could leave if he was not happy, which they knew he could not do due to his immigration status. He said that the policies and procedures were never clear to him.

The Employer’s position is that the Worker did not progress his complaint through either the internal grievance procedure or the bullying and harassment policy. It said that the Employer has a comprehensive and well-established dispute resolution grievance procedure in place, through which all grievances are fully and fairly processed, in accordance with the Code of Practice on Grievance and Disciplinary Procedures. The Worker was provided with a copy of this upon commencement of his employment and was readily available throughout his employment.

This grievance procedure was neither, formally or informally, initiated at any stage.

The Employer said that complaints of bullying and harassment are required to be submitted through the bullying and harassment policy, but the Worker did not do this either. The Employer’s ability to address this dispute prior to the hearing was therefore restricted.

Both policies are referred to in the Workers terms and conditions of employment and employee handbook. They were also addressed as part of the induction process. The Employer says that it is not fair or reasonable for the Worker to rely on an external third party prior to engaging with the Employer’s own dispute resolution mechanisms. This deprived the Employer of the opportunity to fully respond to his concerns.

The Employer also notes that kitchen environments are widely recognised as being fast paced, high pressure and, at times, intense in the nature of their work. However, the Employer says that it has appropriate policies and supports in place to allow employees to raise any issues they may have.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

It is well-established that parties are expected to effectively utilise internal workplace procedures before referral of a dispute to the Workplace Relations Commission. There is an obligation on the parties to a dispute to be able to demonstrate that they have engaged in a good faith process of resolution and an expectation that parties will have exhausted the workplace mechanisms before bringing a dispute to this body.

The Employer provided a copy of the Worker’s “Statement of Main Terms”. On the second page of this document it states:

Grievance Procedure

It is important that if you feel dissatisfied with any matter relating to your work you should have an immediate means by which such a grievance can be aired and resolved. If you feel aggrieved at any such matter during the course of your employment you should raise the grievance with your manager or a nominated independent person either verbally or in writing. Further information can be found in the Employee Handbook.

Bullying & Harassment Rules and Procedures

The rules and procedures in relation to Bullying, Personal Harassment & Sexual Harassment applicable to your employment are shown in the Employee Handbook to which you should refer. It is important that if you feel displeased with any matter relating to your work or feel as though you are being subjected to bullying and/or harassment you should refer this matter immediately to your manager or a nominated person as per the procedures outlined in the Employee Handbook.

Extracts from the Employee Handbook outlining the Grievance Procedure; Bullying Prevention Policy; Procedures for dealing with bullying and Personal Harassment Policy & Procedures were also provided.

In this case, the Employer was clearly aware that the Worker was experiencing work related stress as he had provided a number of certificates confirming this. The Employer responded by arranging for an occupational health examination in order to support the Worker’s return to the workplace. Before any return could take place, the Worker resigned his position. He was asked to reconsider as he was a valued and respected member of the team, but he replied that “I confirm my decision irrevocably and I am aware of what this means.”

While the Worker provided information in relation to a range of issues, he did not avail of the opportunity to progress those issues under either the Grievance Procedure or the Bullying & Harassment Rules and Procedures. These procedures were available to him within the workplace and it was reasonable for the Employer to provide details of them in his Statement of Terms, Employee Handbook and induction.

Had the Worker used the Employers procedures, it may well have resulted in a resolution of those issues. By not engaging in any way with those processes prior to his resignation, he deprived the Employer of the opportunity to effectively address and resolve his concerns.

In circumstances where the Worker did not initiate or exhaust the internal workplace mechanisms available to him, I am unable to recommend in his favour.

Obligation to exhaust internal procedures