ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002665

Dispute for Resolution:

 
Date of Adjudication Hearing: 22/06/2016

At: Workplace Relations Commission, Haddington Road, Dublin 4.

Background

The Complainant was employed from 18th June 2014. The Complainant was provided with a written statement of her Terms and Conditions of Employment including the Grievance and Disciplinary and Disciplinary Procedures of the Company. She was also provided with the Dignity at Work Policy of the Company. The Complainant referred a dispute to the Workplace Relations Commission on 6th April 2016 alleging that from the commencement of her employment she had worked 34 to 36 hours each week but that from 18th January 2016 her hours had been reduced to 28 to 30 hours a week which occurred after she had made a Bullying complaint with her Employer.

Summary of Complainants Position.

The Complainant stated that she had lodged a complaint of Bullying in December 2015 and that a Hearing in relation to this complaint had been heard on 17th December 2015. She stated that as a result of this her hours of work were reduced from 4 days to 3 days. She stated she had worked 34 to 36 hours each week but this had been reduced to 28 to 30 hours a week.

Summary of Respondent’s Position

The Complainant’s Supervisor raised a complaint against the Complainant and she was invited to attend an Investigation meeting on 11th December 2015 in relation to a complaint of Bullying. The Complainant was invited to attend a Disciplinary Hearing on 17th December 2015. It was during this Disciplinary Hearing that the Complainant made verbal counter complaints against her Supervisor. The complaints of Bullying against the complainant were not upheld.

The Complainant made a further Bullying complaint in writing on 8th March 2016 against her Supervisor and her Manager. However by letter dated 16th February 2016 the Complainant wrote toGroup and Development Manager stating that following the raising of her verbal complaints in December 2015 at the Disciplinary Meeting held on 17th December 2015 that her days of work had been reduced form 4 days to 3 days. She stated she had been discriminated against.

The Complainant’s complaints were investigated on 23rd March 2016. The outcome was there was no evidence presented to support the allegations of Bullying. This was confirmed to the Complainant by letter dated 15th April 2016

On the complaint submitted concerning an alleged reduction in hours the Respondent stated a comprehensive review was undertaken of hours worked shows that despite an average reduction of 5% by clients of the Company the Complainant’s hours had been reduced by less than 1%. There was little or no change over a 12 month period.

Findings

On the basis of the evidence from both Parties I find as follows:
1. There was no evidence presented by the Complainant that she had made a formal complaint against either her Supervisor or Manager in December 2015. However the evidence shows that following a complaint of Bullying against the Complainant by her Supervisor the Complainant was invited to attend an investigation meeting on 11th December 2015 and a Disciplinary Hearing on 17th December 2015. Both Parties confirmed at the Hearing that it was at the Disciplinary Hearing that the Complainant made a counter verbal complaint of Bullying against her Supervisor.

2. The evidence shows that it was not until 8th March 2016 that the Complainant made a formal complaint of Bullying against both her Manager and her Supervisor. I was provided with the Minutes and correspondence in relation to all the meetings held between December 2015 and April 2016 when the complaint was informed that her complaints were not upheld.

3. The Respondent also provided me with the payslips for the Complaint from May 2015 to June 2016. An analysis of these show that that the Complainant worked a total of 29.61 hours on average a week between May and December 2015 and she worked an average of 29.29 hours on average a week between January and June 2016.

Decision. –CA - 00003723

On the basis of the evidence and my findings above I declare the dispute referred by the Complainant is not well founded. The evidence shows that the Complainant worked an average of 29.61 hours a week between May and December 2015 and an average of 29.29 hours a week between January and June 2016

Rosaleen Glackin

Adjudication Officer

Date: 20th September 2016