FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SCANDINAVIAN SERVICE PARTNERS (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr O'Neill |
1. Alleged harassment.
BACKGROUND:
2. The claimant has been employed by the Company for the past three years. On the 14th of November, 1997, she attended a meeting with the manager, the shift leader and two Union representatives to discuss a particular issue. At the meeting the manager raised a separate issue regarding a complaint which he had received which accused the worker of treating Asian customers in a racist manner. The Company states that the manager then withdrew the issue as it was not relevant to that particular meeting and apologised for having raised the matter. The worker contends that the manager called her a racist in the presence of the other employees and has sought a written apology from the Company through her solicitors.
The worker claims that when she returned to work on the 16th of February, 1998, following a period of sick leave she was told that she was being transferred from the coffee shop to the staff hall. The worker is not agreeable to the transfer and is now out of work suffering from stress. The worker referred the dispute to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 15th of April, 1998.
WORKER'S ARGUMENTS:
3. 1. The claimant has always treated customers in a courteous manner. She takes pride in her work as can be seen by the results of the customer survey which was carried out (copy supplied to the Court).
2. The worker is not a racist and has suffered from serious stress which has required medical treatment as a result of the manager's comments.
3. The worker has years of experience in working with the public and was employed to work in the coffee shop. The operations manager threatened the security of her job by proposing to move her to the staff hall.
COMPANY'S ARGUMENTS:
4. 1. As the meeting on the 14th of November, 1997, was held to discuss another matter the manager withdrew the issue of the complaint and apologised for having mentioned it. This was confirmed by the Company's solicitors to the worker's solicitors by letter dated the 2nd of February, 1998.
2. The manager did not, at any stage, accuse the worker of racism or of being a racist. Although he had a legitimate interest in discussing customer complaints at the meeting, which was a private employer/employee meeting, he apologised for mentioning the matter.
3. The worker was not instructed to work in the staff hall but was asked to consider it. The work in the staff hall may be more suitable as, for medical reasons, she is unable to carry out certain duties such as lifting heavy trays.
RECOMMENDATION:
The Court notes the Company's acceptance that the offending remark made by a manager in the course of the meeting held on the 14th of November, 1997, was wholly inappropriate, and that any imputation arising therefrom was unreservedly withdrawn. It is further noted that in correspondence between solicitors acting for the Company and for the claimant that position was confirmed. It was also pointed out that the manager concerned had apologised to the claimant for the incident, in the presence of those in whose hearing the offending remark had been made. The Company's position in that regard was repeated in the course of the hearing.
It is recommended that the claimant should accept the Company's apology and on that basis the matter should be considered closed.
With regard to the proposed re-location of the claimant, the Court accepts that this was put by way of a suggestion which she was asked to consider. It is recommended that as soon as the claimant is medically fit to return to work she should respond to this suggestion and that her views should be fully considered by the Company.
Signed on behalf of the Labour Court
Kevin Duffy
1st May, 1998______________________
D.G./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.