ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001469
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-00002065-001 | 20/01/2016 |
Date of Adjudication Hearing: 26/04/2016
Workplace Relations Commission Adjudication Officer: John Tierney
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:
I have been Subjected to aggressive and intimidating abuse by the company owner. He has used abusive and foul language towards me and told me "to go". He is submitting me with a new contract which includes changes to my terms of employment and payment terms in the form of eliminating bonus's and is displaying an unwillingness to engage when I have written to him asking if we can negotiate the changes to my terms of employment. No response to letters sent and refusal to accept letters sent by registered post. |
The Complainant raised a number of other issues inter alia length of working week, Time Sheets and sign in/out book access
Respondent’s Submission and Presentation:
The Respondent was at a loss to understand as to why the Complainant need access to time sheets etc. , as he was paid a salary for a 38 hour week which agreed with all the staff and their union. In regard to other matter the Respondent was happy to put on record that the Claimant’s job was not under threat.
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.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Are the Complainant claims well founded?
Legislation involved and requirements of legislation:
Section 13 of the Industrial Relation Act 1946
Decision:
I have considered the statements made by the parties at the Hearing. The Complainant did not substantiate any evidence that would be accepted as bullying. Furthermore, the Claimant is on 38 hour week and is paid by way of salary not an hourly rate the same as the rest of the staff.
I do not find the claims well founded and they fail.
Dated: 29 November 2016