ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002048

Dispute for Resolution:

Date of Adjudication Hearing: 20/06/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

The Complainant was employed by a Named Employer since 1^st January 2008 assigned to a Client as a Cleaner. The Respondent took over the Client Contract on 1^st May 2015 and the Complainant continued to work on the Client Contract. The Complainant’s Employment was terminated on 22^nd April 2016.

The Complainant referred a number of complaints to the Workplace Relations Commission, under the Industrial Relations Act, on 20^th January 2016 in relation to Bullying and Harassment Procedures.

Summary of Complainant’s Position.

The Complainant stated he had lodged 2 verbal complaints in December 2015 to his named Manager in relation to his Site Supervisor. He forwarded a written complaint to his Manager on 14^th January 2016. He was suspended on 19^th January 2016 and he was paid his wages for a period of one and half months. There was no meeting held with him in relation to his complaint of Bullying and Harassment and he referred his complaints to the Workplace Relations Commission on 20^th January 2016.

The Complainant confirmed he was provided with a written statement of his terms and conditions of employment.

The Complainant was called to an Investigation Meeting on 5^th February 2016. Letter of 3^rd February 2016 refers. This was rescheduled to 8^th February 2016.The Complainant attended. He was invited to attend a Disciplinary Hearing on 24^th February 2016. The Complainant was issued with a Written Warning and he was to be moved to an alternative Site. The Complainant stated he refused to transfer. He appealed the outcome. The Appeal Hearing was held on 31^st March 2016. The outcome was to uphold the Decision to issue him with a Written Warning and to transfer him to an alternative site. The Complainant confirmed at the Hearing that he was offered a number of alternatives sites but refused to transfer. He was issued with a letter from his Employer on 6^th May 2016 to inform him that unless he contacted the Respondent he would be issued with his P.45

Findings

The Respondent did not attend the Hearing scheduled for 20^th June 2016.

On the uncontested evidence of the Complainant I find as follows: The Complainant did file a complaint of Harassment to his Manager on 14^th January 2016 – copy provided.

It is clear from the evidence presented to me that the Respondent did not investigate the complaint of Harassment made by the Complainant against his Site Supervisor.

The Respondent did initiate an investigation following a complaint made against the Complainant by the Site Manager. This resulted in a Disciplinary Hearing, a Written Warning and a Transfer to another Site.

I note that the Complainant did write to his Named Manager again on 27^th January 2016 again clearly stating he was being bullied by his Named Site Supervisor.

It is clear from the uncontested evidence of the Complainant that the Respondent did not address the complaint made by the Complainant to his Manager on 14^th January 2016. The Complainant was dismissed on 22^nd April 2016.

I recommend the Respondent pay the Complainant compensation of €3000.00 for their failure to address the complaint made by the Complainant on 14^th January 2016. This to be paid to the Complainant within 42 days of the date of this Decision

Date: 15^th September 2016