FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : K & K (KEANE AND KELLS) DAY TODAY - AND - A WORKER (REPRESENTED BY DAVY HYNES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Compensation.
BACKGROUND:
2. The Claimant referred her case to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 17th May, 2018. The Employer was not present and was not represented at the hearing. The Claimant agreed to be bound by the Recommendation of the Court.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969. It was unclear to the Court what the exact nature of her claim was. The Claimant confirmed that her claim concerned an allegation of bullying and harassment by her Employer.
The Employer failed to attend the hearing before the Court.
The Claimant was employed as a Sales Assistant from 1stMay 2011 until 4thFebruary 2017.
The Claimant outlined in extensive detail a substantial number of incidents which she alleged gave rise to her claim that she felt intimidated and bullied by her Employer from the time it took over the business in 2016 until she left the employment in February 2017. These allegations before the Court were uncontested as the Employer failed to appear before the Court to explain its version of the events giving rise to the claim.
The Claimant opened to the Court correspondence dated 6thDecember 2016 in which she made a formal grievance to her Employer. Her complaints related to her wages, hours of work and breaks, the letter also stated that the Claimant felt that she was intimidated and bullied by her Employer.
In response, by letter dated 7thDecember 2016, the Employer offered to meet with her on 9thDecember 2016 to discuss her grievances, she was informed that she could be accompanied by a fellow employee or a trade union representative. The Complainant did not attend as the notice was too short. A further meeting was set up for 16thDecember 2016, however the Claimant did not attend. By letter dated 20thDecember 2016 the Employer addressed the grievances raised by the Claimant and stated that if she wished the alleged intimidation and bulling to be addressed then an independent person would be appointed to deal with the issue. The Court notes that this invitation was in line with the Company’s “Bullying Prevention Policy”, however, the Claimant failed to avail of this opportunity.
Having considered the oral and written submission made and without the benefit of hearing the Employer’s version of events, the Court notes that as no investigation took place into the Claimant’s allegations of bullying and harassment, there are no findings of such behaviour. In these circumstances, the Court can only find that such an allegation was not pursued despite the Employer’s invitation to do so in line with the Company’s policy.
Therefore, the Court finds that the Claimant’s claim fails.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th June 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.