ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004728
Complaint/Disputes for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00006637-001 | 25/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006637-002 | 25/08/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00006637-003 | 25/08/2016 |
Date of Adjudication Hearing: 24/11/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, and Section 13 of the Industrial Relations Act, 1969 and following the referral of the complaint/disputes to me by the Director General, I inquired into the complaint/disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/disputes.
Background
The Complainant was employed from 20th September 2013. She works from home and is paid €20,996.00 per annum. The Complaint referred a complaint to the Workplace Relations Commission on 25th August 2016 alleging the Respondent had breached Section 3 of the Terms of Employment (Information) Act, 1994 and two disputes under the Industrial Relations Act, 1969.
Summary of Complainant’s Position.
Terms of Employment (Information) Act, 1994. The Complainant stated she had not been provided with a written statement of her Terms and Conditions of Employment
Industrial Relations Act, 1969. The Complainant stated that she has been subject to constant Bullying and Harassment which has led to medical diagnosis of depression and stress related illness. She stated she has been locked out of work since 17th July 2016. The Respondent has not responded to the letter from her Solicitor dated 18th July 2016. The Complainant confirmed at the Hearing that she had not lot lodged a complaint of Bullying and Harassment against the Respondent.
Industrial Relations Act, 1969. The Complainant was accused of “gossip” concerning one of her Employers and she was then penalised without the Respondent conducting any investigation or adhering to fair procedures. She was not given an opportunity to defend herself and remains locked out of work to date. She was required to surrender her phone and had her email password changed. The Respondent has not responded to her Solicitor’s letter dated 18th July 2016.
Summary of Respondent’s Position.
Terms of Employment (Information) Act, 1994. The Respondent stated that a named person of the Company and the Complainant had a personal relationship prior to the Complainant’s employment with the Company which had since ended. The Respondent forwarded the Complainant’s Solicitor a copy of the Complainant’s Statement of Terms and Conditions of Employment and the Employee Handbook on 9th November 2016
Industrial Relations Act, 1969. There were strained relations between the Complainant and another named employee of the Company. On 7th July 2016 this employee resigned from the Company but the Respondent persuaded her to reconsider her resignation. As the Respondent was due to travel to America on Business at this time, the Respondent placed both the Complainant and the other named Employee on paid leave from 8th to 15th July 2016 and he planned to deal with the issue on his return from America.
The parties were due to return to work on Monday 18th July 2016. The Complainant did not return to work and submitted medical Certificates from 22nd July 2016. The Complainant was then on annual leave for 10 days to 5th August 2016. The Complainant did not return from annual leave but has submitted medical certificates up to December 2016. The Complainant did not return to work.
The Respondent’s Premises were broken into on 18th July 2016 and sensitive data stolen as a result of which all employees’ passwords were changed and new security measures were implemented. There was a letter from the Gardai presented to the Hearing which confirms the break in on 18th July 2016.
The Respondent contacted the Complainant’s Solicitor to request that the Complainant return to work – evidence provided. The Respondent contacted the Complainant on 19th July 2016 to request her mobile phone to investigate a complaint made against the Complainant in relation to a text message and to discuss new security measures. However she refused to engage and submitted medical certificates every two weeks until December 2016
Findings
Terms of Employment (Information) Act, 1994.
On the basis of the evidence the Complainant was not provided with a written statement of her Terms and Conditions of Employment in breach of Section 3 of the Act.
Industrial Relations Act, 1969. Bullying and Harassment.
On the basis of the evidence from both Parties I find that the Complainant has not filed any complaint of Bullying or Harassment against any named individual of the Respondent Company. In those circumstances the Respondent Company cannot be held liable for any Bullying and /or Harassment when no complaint has been lodged and therefore the Respondent did not have an opportunity to investigate any such complaint.
Industrial Relations – Disciplinary Sanction.
On the basis of the evidence I find as follows –
There was a complaint by another named employee against the Complainant. Both Employees were placed on paid leave from 8th to 15th July pending the return of the Respondent from America.
The Complainant did not return to work and submitted medical Certificates from 22nd July 2016 to 8th August 2016 and has submitted medical certificates to the Respondent every two weeks until November 2016 to cover up to December 2016.
The evidence shows that the Complainant was not subject to any disciplinary sanction by the Respondent but has been unable to return to work and is on certified sick leave from 22nd July 2016 to the date of the Hearing on 24th November 2016.
Decision CA-00001
Terms of Employment (Information) Act, 1994.
In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and on the basis of my findings above I declare this complaint is well founded. The Respondent has breached Section 3 of the Act of 1994 which provides that an Employer must provide an employee with a written statement of Terms and Conditions of Employment within the period of 2 months of the commencement of the Employment. I direct the Respondent to pay the Complainant compensation of €500.00 within 42 days of the date of this Decision.
Recommendations
Industrial Relations Act, 1969 CA-00006637-002
On the basis of my findings above I do find in favour of the Complainant
Industrial Relations Act, 1969 CA-00006637-003
On the basis of my findings above I do not find in favour of the Complainant.
Rosaleen Glackin
Adjudication Officer
Date:______12 April 2017______