ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00015272
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Builders Providers |
Representatives | Self represented | Jason O’Mahony |
Complaint:
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-00019872-001 | 20/06/2018 |
Date of Adjudication Hearing: 07/11/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 13 of the IndustrialRelations Act 1969following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant contends that he was bullied and harassed in his employment. |
Summary of Complainant’s Case:
The Complainant worked for the respondent from 1st September 2008 to 1st June 2018. He stated that his employment was without incident until 2017 when his then Manager (P) believed erroneously that he had reported some wrongdoing to the Area Manager about the Manager. From then on the Complainant’s life at work was made a living hell. It is alleged that P physically and verbally abused the Complainant. That the Complainant was punched in the chest, had a pen thrown at him and was called a liar and a ‘useless b……’ The Complainant stated that he made some attempts to have management listen to his complaint. He contends that his Area Manager told him to go to the Branch Manager. When he was out sick from the stress, no one from the Company contacted him to enquire about his well being. When he documented his experiences for management to investigate, he was so upset and stressed by the whole experience, that he had to resign his job. He stated that he regretted having to do so, as he had liked working there, but he had no option given the situation. |
Summary of Respondent’s Case:
The Respondent stated the following: On 21/05/2018, the Complainant spoke to the Area Manager about his issues. The Area Manager referred him to the Branch Manager. On 28/05/2018, the Complainant emailed the Branch Manager On 29/05/2018, the email was forwarded to JOM who has responsibility for HR issues. On 29/05/2018, JOM emailed the Complainant to say the issues raised were serious and that a full investigation would commence. On 01/06/2018, as JOM was preparing to arrange an investigation (which was likely to be outsourced), he received a phone call from the Branch Manager to say the Complainant had resigned. The Respondent argues that in the circumstances, it would have not been appropriate to launch an investigation, as the Complainant was no longer an employee. What, for instance could happen if it was found that the complaint was not upheld. No sanction could be given to the ex-employee and the alleged perpetrator could have suffered a detriment. |
Recommendation:
The detail of the alleged bullying and harassment was provided to the Respondent and then the Complainant resigned without giving the Employer the opportunity to commence an investigation. Normally this would be a fatal flaw in the employee’s case. However, I note that the Respondent failed to ask the Complainant to re-consider his resignation, pending an investigation into what were very serious allegations. Employers have a duty of care to ensure that the workplace is safe for employees, and free from harassment of any kind. These obligations are enshrined in the Safety, Health and Welfare at Work Act 1987 and the Employment Equality Acts 1998 and 2004. I am not making any finding in relation to the validity of the Complainant’s complaints to his employer, as this would have been the prerogative of any Investigator appointed. However, I do find that the Complainant in this case suffered distress and was absent from work without any representative from the employment enquiring about his well being.
From the findings outlined above, I recommend that the Respondent ensures it has a comprehensive Bullying & Harassment policy and procedure and that it pays to the Complainant the sum of €2,000 in compensation.
Dated: 11th December, 2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham