ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000191
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946 | CA-00000242-001 | 14/10/2015 |
Date of Adjudication Hearing: 05/02/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
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/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
Few months ago we had a Team Meeting during which few of us expressed our concerns regarding the company being bought by Oracle (We used to be Micros Fidelio). 2 of us also explained to our 2 Team Leaders that the impact of the actual working condition on the customers and clients is horrible. The meeting was quite tense as the Team Leaders built a wall in front of us. That same night, I emailed my HR representative to inform her that there is a lot of issues going on here and that people are starting to leave the company because of this. (half the team already left few months prior due to numerous issues with the management): for example, i was denied the right to make a complaint again a colleague for harassment). I then informed the management that I started the process of an official complaint. Within a week my colleague who express the plaints from the customers as well as myself received an email from 1 of the Team Leaders stating that we were now under investigation. The basis of the 2 investigation was that some of our colleagues, told the team leaders that they were shocked by our behaviour during the Team meeting. All of the 7 other employees presents told us that this was absolutely untrue and that no employees have made any complaint against any of us. The 2 investigations were closed as we told the Team Leaders that we had the proof that no one never complain or were shocked about our behaviour as all the employees present at that meeting were all on the same page regarding the information we both were talking about. I received few days later a bad appraisal by one of the Team Leader who clearly stated that it was due the conflict during the Team Meeting. Since, I continuously get backlash from my Team Leader. He has been put on charge on my grievance against the management but still has not done anything about it since our 1 and only meeting. The last stroll happened today: I was sick for the past 2 days and informed my Manager on time as per procedure. I confirmed on the phone that I will be there today. I still received a voice-mail from him very confusing stating that: - i must confirm the confirmation that i will be there on Wednesday ??? - as per procedure if I am still sick on Wednesday, I must provide a medical certificate to prove that I was sick as it will be more than 3 days. But it was not over 3 days so a medical certificate is not requested. He also said that the roster changed for the days after my coming back but that i must be aware of it as i was working during the weekend. I was not working during that weekend. He changed my roster on the Friday afternoon and did not inform me before that voice-mail. I respond by email as it is consider an official document. I got an email from him when arriving at work on the Wednesday which did not make any sense. 1 of his argument is that Oracle has the right to request a medical certificate even before the 3 days of sick days: he never told him this on his voice-mail. I then was requested to come with him in a meeting. I asked a colleague to come with me as a witness: he categorically refused and close the door in front of me to stop me from leaving as i refused to stay without a witness. During this meeting, he talked about the sick leave policies in several different ways so it did not make any sense. He also talked about the grievance stating that it is in the hand of the HR. When he was finished, i refused to talk to him as i was refused to have a witness. I requested an email from him stating all the points he talked about during this meeting as well as the fact that he refused for me to have a witness at that meeting and forced me to stay despite my request to leave the room. I did not get any feedback from him so I emailed my request including the HR. I also emailed the HR requesting an explanation on how they can deal with a grievance which is not even put on the paper. I had in the past few month a certificate from my GP for 2 days sick leave for a breakdown due to stress from work. I was put on mood stabilizator at that time. Oracle is a big company and they use it as they know we are very small in front of them but employees have rights. I seek your help because i am on the verge of another break down because of this management. I have kept email to prove my complaint. I will email them to the address provided above. I look forward hearing from you. The Claimant |
The Complainant did not attend the Hearing.
Respondent’s Submission and Presentation:
As the Complainant did not attend the Hearing, the Respondent was not required to make submission.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Issues for Decision:
N/A
Legislation involved and requirements of legislation:
N/A
Decision:
As the Complainant did not attend the Hearing the complaint fails for want of prosecution.
Dated: 26th April 2016