ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000699

Adj-00000781

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 10/03/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and Section 11 of the Minimum Notice & Terms of Employment Act, 1973 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

In outlining the complainant’s complaints, his representative referred to the fact that he (the complainant) was not given written terms of employment or grievance procedures. He had a complaint against his supervisor in 2014, and this was never resolved. The same supervisor was then brought in to a meeting as an interpreter. The complainant also had a complaint against the Production Manager, who purported to remove himself from the disciplinary process but who attended the final meeting when the complainant was dismissed. It is alleged that the charges of bullying and harassment laid against the complainant were unfounded and unproven, and that the complainant did not get the opportunity to address them.  

Respondent’s Submission and Presentation:

The respondent denies the picture painted by the complainant. The company employs in or around 190 employees and contrary to the allegations, it is not an abusive place in which to work.   The complainant was employed from 25/03/2013 to 22/05/2015 when his employment was terminated on the grounds of gross misconduct. The complainant was advised at a meeting on 16^th April 2015 that his performance was under par and that he was making unacceptable authorisations to others regarding their work start times. Following this, the company received two allegations of bullying against the complainant and he was called to a meeting to discuss these allegations on 23^rd April 2015. He was placed on suspension with full pay pending investigation. When the complainant included the Production Manager in his list against who he had complaints, the Manager removed himself from the investigation and disciplinary process. The complainant was requested to attend a disciplinary meeting on 22nd May 2015 presided over by the General Manager. He was advised in a letter dated 20/05/2015 that the charges against him were:

• Bullying/harassment against work colleagues

• Issuing unauthorised managerial instructions to work colleagues

• Using recording devices during interactions with employees without their knowledge.

He was advised of his right to representation. At the meeting on 22^nd May 2015, the complainant was advised that extensive investigations had been completed into the serious allegations made against him and that several witness statements were examined in relation to the complainant’s unacceptable conduct. It was explained to him that some of the accusations made against him are considered to be gross misconduct with particular emphasis on the bullying and harassment complaints and his continued unacceptable behaviour of issuing managerial instructions despite being told on numerous occasions to cease this practice immediately. He was advised that his employment was terminated with immediate effect on the grounds of gross misconduct and he received a letter confirming this dated the same day. He was advised he had the right to appeal.

It is argued that the respondent did not act unfairly in dismissing the complainant.

Decision:

The situation in this case escalated from a meeting on 16^th April 2015 following an altercation between the complainant and the production manager. While management had the right to inform the complainant on underperformance issues and unauthorised instructions, I note the disciplinary procedures were not invoked against him in any formal manner until that incident and subsequent meeting on 16^th April 2015. I note also the allegations against the complainant regarding bullying and harassment were not fully investigated in that the complainant did not get the opportunity to reply to his accusers. Allegations of bullying in the workplace are of a serious nature and employers must be cognisant of fully investigating them in a fair manner. I do not find evidence of this in this case. I also note that the complainant was dismissed without notice following the meeting in which one of the managers who had removed himself from proceedings was present.

In all the circumstances of the case, and particularly where no written warnings or opportunity to correct the behaviour were given, I find the dismissal to be unfair. I find that compensation in the amount of €5,000 is appropriate in the circumstances where the complainant contributed somewhat to the situation in which he found himself. This amount to include minimum notice.

Dated:   7^th April 2016