ADJ-00005029

Complainant

Respondent

Parties

A Customer Service Worker

An Airline

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00007085-001

20/09/2016

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00007085-002

20/09/2016

The Complainant has been employed by the Respondent since November 2005. She is paid €728.28 gross per fortnight and she works 22.5 hours a week. The Complainant referred a dispute to the Workplace Relations Commission on 20^th September 2016 in relation to an internal investigation conducted by the Respondent.

The Complainant lodged a formal complaint under the agreed procedures on 27^th January 2014 in relation to an incident that occurred on the same day. An incident occurred on 27^th January 2014 in relation to a passenger who was late for his flight. The Complainant followed the correct procedure but the passenger became irate and the Complainant requested the assistance of two colleagues and her Supervisor. As the passenger became more aggressive and abusive he alerted the airport police and requested to be escorted to the car park as she felt threatened. Complainant lodged her report on the incident but the Supervisor told her she should not have left the area without prior permission. The Complainant made it clear she felt threatened.

The Complainant lodged a grievance on 27^th January 2014 and she was informed on 1^st February 2014 that a named person was appointed to hear the grievance and this hearing took place on 2^nd April 2014. The Complainant stated that her Grievance turned into an investigation of her behaviour and performance on the day. The initial grievance has not been dealt with to date. .

A decision was made to rehear the Grievance with another named employee on 23^rd October 2015 and this took place on 19^th January 2016 but there has been no outcome communicated to the Complainant despite numerous requests.

The Complainant is seeking an apology in writing from the Respondent and an apology from the named employees which were the subject of the grievance complaint.

The Respondent acknowledged that following an incident at the Airport on 27^th January 2014, the Complainant did lodge a Grievance and it was determined it should be dealt with under the Grievance Procedures of the Company. A named Manager was appointed to hear the grievance and the process commenced in March 2014 and the Manager met with the Complainant and several witnesses over March/April 2014 and it is acknowledged that the findings were not circulated to the Complainant until 3^rd February 2015. The findings did not uphold the grievance. She invoked her right of appeal and the appeal was heard by a named Manager on 17^th September 2015 and the outcome letter was issued on 2^nd October 2015 which was that the Grievance should be reheard.

A new Investigator was appointed in October 2015 to rehear the Grievance and there was a meeting with the Complainant on 19^th January 2016. The Respondent acknowledged that due to rostering problems/scheduling conflicts and the unwillingness of certain employees to participate in the new investigation the Respondent stated it was their understanding that this investigation is close to conclusion and the Respondent offered their apologies to the Complainant for the long delays.

On the basis of the evidence and written submissions from both Parties I find and Recommend as follows:

The Respondent should issue a written apology to the Complainant for the inordinate long delay in having her grievance brought to a conclusion.

It is not possible for me as the Adjudication Officer to seek that two named Employees of the Respondent Company should issue a written apology to the Complainant as to do so would pre-empt the outcome of the investigation and determine the two named employees were guilty of wrongdoing when the investigation is not completed.

I recommend that the investigation is completed by the Respondent by the end of April 2017 and the outcome is communicated to the Complainant immediately. (I note the Respondent submission at the Hearing that it was hoped to finalise the investigation by the end of February 2017).

I recommend that the Respondent pay the Complainant compensation of €1000.00 in recognition of the failure of the Respondent to comply with their own Grievance Procedures   which provides that any grievance should as a matter of principle be handled without undue delay

On the basis of my findings above I recommend that the Investigation should be completed by the Respondent by the end of April 2017 at the latest and I also recommend that the Respondent pay the Complainant compensation of €1000.00 within 42 days of the date of this Recommendation for breach of the Company Grievance Procedures which requires that any grievance should as a matter of principal, be handled without undue delay.