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-00020097-001

29/06/2018

The Complainant is seeking adjudication by the WRC under section 13 of the of the Industrial Relations Act, 1969, and in the circumstances of this matter the Complainant alleges she was victim of bullying and harassment by her former employer (CA-00020097-001)

Although the Complainant was delayed upon attending this hearing, the Complainant wished to procced with the matter.

The Complainant move to Ireland in or about 2007 and was employed by the Respondent as a childcare worker/housekeeper on the 26th September 2017. In particular the Complainant explained it was her professional role to assist the two children of her employer emotionally in a supportive environment and not to provide emotional care for the Respondent.

The Complainant explained, in the course of her evidence, that she believed she had been bullied on a number of occasions and this included, inter alia, preventing the Complainant from babysitting opportunities. The Complainant perceived the Respondent did not appreciate her asking for a contract of employment or other supporting documentation in the course of her employment.  

The Complainant detailed other incidents and conversation with the Respondent that ultimately led to her leaving her employment o the 26th January 2018. The Complaint explained she believed that domestic workers and au pairs had rights too and accordingly she lodged this complaint with the WRC on the 29th June 2018

The Respondent did not attend and it was confirmed that the Respondents legal representative had been informed of the hearing date as of the 16th August 2018.

In the circumstances of this matter, I have carefully listened to the evidenced tendered in in the course of this hearing by the Complainant.

The definition of workplace bullying set out in the Code of Practice SI17/2002 is as follows:

“Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once off incident, is not considered to be bullying.”  

The Health & Safety Authority’s Code of Practice on Bullying in the Workplace contains the same definition of bullying as that contained in S.I. 17/2002.  

Fennelly J in Quigley v Complex Tooling and Moulding Limited adopted this definition of workplace bullying and went on to clarify what the behaviour had to be in order to satisfy the definition: “Counsel for the Defendant submitted, and I would accept, that bullying must be;     Repeated; inappropriate and undermining of the dignity of the employee at work.”

Although, I accept the bona fides of the Applicant, I do not accept that the Complainant has been subjected to bullying and harassment by the Respondent in the manner as described.

Accordingly, I am not making any recommendations in relation to this matter.

I am not making any recommendation and the Complaint (CA-00020097-001) is not well founded.

Bullying Harassment