ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006681

Complaint(s)/Dispute(s) for Resolution:

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-00009086-001	15/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00009086-002	15/01/2017

Date of Adjudication Hearing: 29/03/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Location of Hearing: Galway Maldron Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The respondent employed the claimant as a Café Assistant from the 14^th of November 2016 until the 5^th of January 2017. He was paid €9.25 per hour. The dispute concerns alleged wrongful dismissal and a failure by the respondent to properly address a complaint of harassment and victimisation made against the manager. The complainant made written and oral submission to the hearing. The respondent was notified of the time, date and venue set for the hearing.

Summary of Complainant’s Case:

CA-00009086-001 The complainant submits that he made a complaint of harassment and victimisation against his manager and that the respondent failed to properly deal with the complaint. It was dismissive of his pleadings and perfunctory in its approach. No formality whatsoever was observed in the process.

CA-00009086-002 The complainant submits that he was rostered to work for 37 hours in the first three weeks of the employment and that his hours were reduced by half in week four. On the fifth and final week of the employment his hours were reduced to 14 hours. The respondent failed to pay him for overtime worked despite request. Additionally the respondent failed to provide written terms and conditions of employment to the complainant despite a request for the same. For these reasons the complainant left the employment based on the totally unreasonable behaviour of the respondent and was effectively constructively dismissed.

Decision:

Section 13 of the Industrial Relations Acts, 1946 – 2015 requires that I make a recommendation in relation to the dispute.

CA-00009086-001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and that the respondent failed in its duty of care to the complainant as it relates to his complaint of harassment and victimisation against his manager. It dealt with the complaints received in a perfunctory and dismissive way. No regard whatsoever was taken in respect of the Code of Practice for the Prevention of Workplace Bullying and accordingly the parties (the complainant and the alleged aggressor) were ill served. This is a health and safety matter and as such must be given the highest priority by employers generally and failure to do so amounts to a severe negligence. In the herein circumstances the appropriate remedy is that the respondent would pay the complainant €2,000 (say two thousand euro) in compensation for its failure to properly deal with his complaint of harassment and victimisation.

CA-00009086-002 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. The behaviour of the respondent in this case was outrageous and morally reprehensible. He exploited a young man at a very early stage of his working life and exposed him to an unacceptable level of abuse in the workplace. The respondent has shown a lack of courage by his failure to attend at the hearing of the complaint. The appropriate remedy in these circumstances is that the respondent would pay the complainant compensation for wrongful dismissal (constructive) in the amount of €3,000 (say three thousand euro). I so recommend.

Dated: 12/05/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes