ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00012287

	Complainant	Respondent
Anonymised Parties	A Technical Support Analyst	A Services and IT Support Company.

Complaint(s):

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-00016304-001	13/12/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00016304-002	13/12/2017

Date of Adjudication Hearing: 12/07/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 7 of the Terms of Employment (Information) Act, 1994and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The case concerns a dispute between the Complainant and the Respondent employer regarding alleged Bullying and changes to Terms and Conditions of Employment without receiving any written notice. It is one of a series of Complaints being pursued by the Complainant against the Respondent

1: Summary of Complainant’s Case:

1:1 CA-00016304-001 – Industrial Relations Act, 1969 complaint.

The Complainant was employed primarily to work on the Portuguese Desk on specified Accounts. Of late he has been “coerced” to expand the range of his calls and client companies. He has in addition been asked to handle English language calls. He has been Bullied and Harassed by his Managers in this case

1:2 CA -00016304-002 – Terms and Conditions of Employment (information) Act,1994 complaint.

The Complainant has been scheduled to work on other Accounts outside of his core “Portuguese” area. These have included English language calls. These actions have been an attempt by the Respondent employer to cover more territories with the same or fewer staff.

He was never notified in writing of this change in his work area or duties.

2: Summary of Respondent’s Case:

2:1 Response to both claims – CA-00016304-001 and 002.

The Complainant was employed as a Technical Support Analyst. His signed contract of employment dated the 29th of August 2011 was exhibited.

Clause 2.4

“The employee’s duties may vary according to the client’s assignments.”

And

Clause 2.5

The Employee is employed by the Employer to work on varying Client’s sites or premises as directed.”

The work organisation changes complained of were well within these clauses and were implemented sensitively and with consultation. The Company has well established Grievance and Disciplinary procedures for the Complainant to avail of.

In a case of alleged bullying detailed evidence is required to allow for a full Employer investigation. This was never forthcoming from the Complainant.

The complaints as lodged lack any concrete evidence or substance and should be dismissed.

3: Findings and Conclusions:

For a Complaint under either of the referenced Acts, Terms of Employment (Information) Act, 1994and Industrial Relations Act 1969, to succeed a basic level of firm evidence is required. In the case in hand this was lacking.

The Complainant made a Verbal presentation that was largely composed of unspecific allegations on a wide range of topics.

I could find no sustainable evidence to support his case on the Industrial Relations Act,1969 complaint. (CA00016304-001)

As regards the Terms of Information Act,1994 complaint (CA00016304-002) his signed contract of employment clearly provides for a flexibilty of duties and the need for written statement when minor changes occur in keeping with the flexibility clause does not arise.

Accordingly, both claims are dismissed.

4: Decision and Recommendation:

Section 41 of the Workplace Relations Act 2015, Section 7 of the Terms of Employment (Information) Act, 1994and Section 13 of the Industrial Relations Acts 1969 requires that I make a decision and recommendation in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision & Recommendation. Please refer to Section 3 above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00016304-001	Recommendation. The claim is dismissed for want of evidence.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00016304-002	Claim is dismissed. Matters concerned are covered very adequately in his contract of Employment.

Dated: 21/09/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

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