Complainant

Respondent

Anonymised Parties

Warehouse Supervisor

A Services Company

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-00013552-001

03/09/2017

The dispute concerns allegations of Bullying and Harassment by the Complainant against Mangers in an end user Company.

The Complainant maintained that he had been Bullied and Harassed by a particular Manager employed by the End User to whom his employer provided services. The primary incident being requests from the Manager (End User) to the Complainant to move LLOP forklifts in March 2017.

Investigations which were carried out were meaningless, the background factors were brushed aside and the Complainant’s efforts to have the case resolved were ignored.

Detailed written and oral submissions were made by the Respondent. The Complaints made by the Respondent were the subject of two investigations (the first investigation jointly with the end User) by the Respondent. The Investigations did not find in the Complainant’s favour and were appealed. Two appeal Hearings took place, the final one being Chaired by a Senior Director. The Appeal was not successful.

In addition, the Respondent commissioned an Independent Review of the case presented by the Complainant and his colleagues. This was carried out by Collier Broderick HR Consultants.

It is a very detailed study of the entire case and all the background factors. The report which was presented on the 20th November 2017 did not substantiate the Complainant’s case.

Accordingly, this claim should be dismissed as unwarranted.

3:1

While the primary incidents in this claim related to the disputed moving of LLOP Forklifts by the Complainant in late March/early April, this case was characterised by the presence of a major overhang from an earlier unrelated matter concerning incidents off the premises (in the car park) between the End User Manager concerned and certain fellow members of staff.

In the Appeal hearing of the 21st July 2017 with the Senior Director the issue was quite openly ventilated by the Complainants. I found the minutes of this Appeal hearing (presented in evidence) very illuminating as to the entire situation and underlying issues. The Collier Broderick Report also repeatedly emphasises the overhang issue against one End User Manager.

The Investigation Report fails to identify any clear specific evidence of Bullying and Harassment against the disputed Manager other than what the Investigator considered to be many wide ranging and often non-specific allegations.

There was no substantiated evidence of Bullying or Harassment by the End User Managers involved. Many allegations were made regarding prior behaviours but no prima facie case was presented that would satisfy the Employment Equality Act,1998 for instance. The investigation points to the reasonableness of Management actions in multiple Investigations and Appeals.

Accordingly, and having considered all the evidence presented the Complaints of Bullying and Harassment as set out in the claim form have to be dismissed for want of specific details and time lines.

Regarding the Overhang Issue - in shorthand the “Carpark” incident- was disposed of by proper procedures. A Disciplinary outcome was delivered. This should have closed the matter.

It Is not now the prerogative of the Complainants to continue the matter by indirect means, withdrawal of normal cooperation etc.

Collective refusals to work with the Manger concerned, coordinated sick leave absences etc. are all outside of normal procedures.

However, having heard the oral evidence of the Complainant and his colleagues it is clear that a serious situation has developed between obviously committed and hardworking employees, all of whom have long service, and a member of End User management. In particular the Complainant here is a Supervisor and is obviously committed to his role. In his Oral evidence, it was clear that his actions were not of a precipitative nature and had only been taken with considerable consideration.

In terms of the Referral under the Industrial Relations Act,1969 and the spirit of the Act, this is an issue that I have to include in my Recommendation.

3:2     Accordingly I recommend as follows

1.       Having reviewed the evidence, the Complaints as filed regarding the claims of Bullying and Harassment against the End User Manager and the moving of LLPOs must be dismissed for want of concrete prima facie evidence.

2.       Unpalatable as it may be to some of the Complainants the incidents in the Car Park involving the End User Manager must be regarded by the Complainants as now firmly closed. The case cannot be reopened, by unofficial means, to seek a different outcome.

3.       If there are specific detailed concerns of Bullying and Harassment, rather than generalised allegations, against a particular individual/Manager the Respondent has very well-established policies to address this issue. These should be utilised by all parties to achieve a satisfactory outcome. Furthermore, it is important for all parties to this case to note that Bullying and Harassment in the Employee /Manager situation is not a one-way street. The Complainants do not have the right to pressurise the Employers for the removal of any Individual.

4.       However as stated above the Grievances of the Complainants, a mature group of long standing and apparently blemish free, to date, employees, are deeply felt.

Notwithstanding this observation, I recommend that the Claimants Group consider maturely, possibly seeking external Industrial Relations advice, how far they are prepared to go, particularly outside of normal procedures, to pursue them and in the course of their actions endanger their own and their colleague’s employments.

5.       I recommend that the Respondentreview their Internal Communications, Grievance and Disciplinary policies to seek to identify a mechanism where by, what has become a major internal issue, albeit in this case arriving from outside the strict workplace, can be ventilated and resolved.

6.       A suitable Independent Facilitator, with considerable Industrial Relations experience, is Recommended to help re-establish communications and mutual understanding between the parties. This should, if possible, include liaison with the End User.

7.       The Respondent to look at, as part of their Training Remit, how best to support and counsel Managers who might become involved in challenging work based interpersonal situations.