ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012899
Parties:
| Complainant | Respondent |
Anonymised Parties | Accommodation Assistant | Hotel |
Representatives | Ger Malone, SIPTU | Brian Dolan, Peninsula Group Limited |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00016942-001 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00016942-002 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016942-003 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016942-004 | 19/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016942-005 | 19/01/2018 |
Date of Adjudication Hearing: 28/08/2018
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant commenced employment with the respondent as an Accommodation Assistant on 9 May 2016. The complainant alleged that she had been subjected to bullying / harassment during her employment which eventually led to her decision to resign in October 2017. |
Summary of Complainant’s Case:
The complainant, who had an underlying disability, was subjected to bullying and harassment during her employment. Complaints were not dealt with properly and management took no measures to deal with the issue. When an investigation finally took place, the manager conducting it was not trained in the procedures for dealing with these matters. The complainant suffered further ill-health as a result and finally had to resign. The complainant did not receive a statement of employment and did not receive her entitlements as regards Sunday or Public Holiday pay or Annual Leave. |
Summary of Respondent’s Case:
In September 2016 the complainant lodged complaints in relation to a number of staff. The matters complained of were investigated by a member of management who concluded that the complaints could not be substantiated doe to a lack of evidence. In September 2017 the complainant again lodged complaints in relation to a manager and other staff. A manager was appointed to investigate these matters but the complainant objected to this and requested the appointment of an external investigator. The complainant by letter dated 25 October 2017 advised that she wished to resign her employment. The complainant was issued with a statement of employment and received all entitlements due to her as regards Sunday and Public Holiday pay and Annual Leave. The respondent denies that the complainant was discriminated against on the grounds of disability. |
Findings and Conclusions:
The complainant was not in attendance at the hearing. The complainant’s representative stated that she had last been in contact with the complainant in July but that she had been unable to contact her since that time. The representative therefore had no instructions in the matter of the complaints before the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Complaints Nos. CA-00016942-001 to 005: These complaints all fail for want of prosecution. |
Dated: 30th October 2018
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
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