ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003171

Dispute for Resolution:

Date of Hearing: 08/08/2016

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

Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

The Complainant has been employed with the Respondent as a Product Builder since 1996. The Complainant referred a dispute to the Workplace Relations Commission on 18^th May 2016 in relation to Bullying, Harassment and Intimidation in her Workplace.

Summary of Complainant’s Position.

The Complainant has been absent on certified sick leave and returned on a phased basis in March 2014 but she has again been absent on sick leave since 26^th August 2014 and she remains on sick leave. Her entitlement to pay while on sick leave has been exhausted since November 2014.

The Complainant filed a complaint with the Managing Director of the Respondent on 5^th November 2014 against her Supervisor. This was passed to the Senior HR Business Partner who acknowledged the letter on 25^th November 2014. The Complainant filed a further complaint by letter dated December 2014 addressed to the Manager HR Department. This was in relation to ongoing verbal abuse, intimidation and harassment by her named Supervisor. This was acknowledged on 9^th January 2015 and committed to arranging a meeting to discuss her grievance and a copy of the Employee Problem Resolution Process was enclosed. This provides for a 5 Stage process in relation to complaints.

A Meeting was held between the Respondent and the Complainant on 20^th January 2015 at Stage 2 of the Process. Minutes of that meeting were provided to the Hearing. The outcome of the investigation of her four complaints was communicated to the Complainant by letter dated 6^th March 2015. Two of her complaints were not upheld and the finding in relation to the other two was inconclusive. The Complainant was afforded a right of appeal which she did and a Stage 3 Hearing took place on 14^th April 2015. The Minutes of this meeting were provided. The outcome of Stage 3 was communicated to the Complainant by letter dated 18^th May 2015. One of her complaints was upheld and 5 of her complaints were not upheld. The Complainant appealed the outcome.

A Stage 4 meeting was held on 2^nd July 2015 and the outcome was communicated to the Complainant by letter dated 27^th August 2015. None of the Complainant’s four complaints were upheld.

The Complainant moved to Stage 5 of the process in relation to 6 complaints. This Stage 5 meeting was held on 15^th October 2015 and the outcome was communicated to the Complainant by letter dated 1^st March 2016. Four of the allegations were not upheld, one the finding was inconclusive and one complaint was upheld. A meeting was held with the Complainant to communicate the outcome.

Summary of Respondent’s Position.

By letter dated 19^th July 2016 the Respondent informed the WRC they would not be attending the Hearing scheduled for 8^th August 2016

On the basis of the evidence at the Hearing I find that the Respondent has a robust internal Grievance Procedure consisting of 5 Stages with the final Stage 5 being an appeal to the Managing Director whose decision is final.

I note that the process at each stage was comprehensive and the Complainant was provided with the minutes of each meeting and she was also given a written comprehensive decision setting out the outcome at each stage of the process.

I find that the Respondent carried out the investigation at each of the stages in accordance with S.I. 146/2000 – Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (declaration) Order 2000 and also in accordance with S.I. 17/2002 – Industrial Relations Act, 1990 (Code of Practice Detailing Procedures For Addressing Bullying in the Workplace) (Declaration) Order, 2002.

 In accordance with Section 13 of the Industrial Relations Act, 1969 – 2001 I declare the complaint is not well founded. In light of my Findings above I have found that the Respondent had a robust internal Grievance Process which was utilised by the Complainant and the investigation was carried out in accordance with S.I. 146/2000 and S.I. 17/2002.

Rosaleen Glackin

Adjudication Officer

23 September 2016

Date:____________________________________