Complainant

Respondent

Anonymised Parties

Client solutions management  

Social network web platform

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00021081-001

04/08/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00021081-004

04/08/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00021081-005

04/08/2018

The complainant commenced employment with the respondent on 11/9/17 as a client solutions manager. Her gross, yearly salary was €58,000.

She contends that the respondent

failed to notify her of a change in the terms of her employment,

   discriminated against her on grounds of race and disability contrary to the terms of the Equal

   Status Act ,2000,

   and failed to pay her for her notice period.

She submitted her complaints to the WRC on 4/8/18.

CA-00021081-001. Complaint under section 7 of the Terms of Employment (Information) Act, 1994.

The complainant states that she was not advised of a revised term in her contract allowing the respondent to extend her probation on two additional occasions. She was notified of the first extension in March 2018 and of the second extension in June 2018, though an amended contract was not provided to her.

CA-00021081-004. Complaint under Section 21 Equal Status Act, 2000.

The complainant had identified the grounds of disability in her complaint form. The text of her complaint did indicate her belief that as a person of colour and an African American she was treated less favourably than her Dutch co-workers.

The complainant advised that a colleague of a different nationality whose performance review was identical to that of the hers was made permanent whereas the complaint’s probation was extended in March 2018.

The complainant in one period brought in more revenue than any other member on her team. The failure to approve her probationary period was totally unwarranted. She was pulled up on items that others were not.

She made a complaint to HR on 7/6/2018 about her manager’s conduct towards her and false allegations made by the manager about her. Her probation was extended for a second period on 8/6/18. Her manager minimised all contact with her thereafter.

The complainant withdrew the complaint of less favourable treatment of the grounds of disability.

CA-00021081-005. Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

On receipt of an acknowledgement by the respondent that they had erred in not paying her for the notice period at the time and that they were rectifying this matter, the complainant withdrew this complaint.

CA-00021081-001 Complaint under section 7 of the Terms of Employment (Information) Act, 1994.

The respondent submitted a copy of the contract which allows for an extension of the probationary period for up to 11 months. As such, the respondent asserts that they have met their obligations under section 3 of the Act of 1994.

As there was no change in the contract, no obligations or breach arises under section 5 of the Act of 1994.

CA-00021081-004. Complaint under Section 21 Equal Status Act, 2000.

The respondent denies that the complainant was discriminated against on grounds of race or disability. She did not pass her probation because of performance issues.

The respondent points to section 5 of the Equal Status Act, 2000 which prohibits discrimination in relation to the provision of goods and or services to the public or a section of the public. The complainant is an employee.

The respondent states that the complainant failed to comply with section 21 (2) of the Act of 2000 which requires the complainant to set out her complaint to the respondent in advance of submitting a claim to the WRC.

The respondent states that the complainant has failed to raise an inference of discrimination and has therefore failed to shift the burden of proof to the respondent to rebut.

CA-00021081-005. Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

The respondent conceded this complaint. They acknowledged that due to an administrative error they had failed to pay the one week’s notice due to the complainant but that they had since processed the payment.

CA-00021081-001 Complaint under section 7 of the Terms of Employment (Information) Act, 1994.

I find that the complainant’s contract allowed for an extension of her probation up to a period of 11 months. I find that there is no breach of the Act of 1994.

CA-00021081-004. Complaint under Section 21 Equal Status Act, 2000.

Section 5 specifies that complaints under this statute provide redress for instances of discrimination perpetrated by a provider of goods and services against a user of the service. The complainant is an employee of the respondent.

Service is set out in section 2 of the Act of 2000 as” a service or facility of any nature which is available to the public generally” and includes access to a premises and the use of its facilities. This is not the relationship of the respondent to the complainant. The respondent was not the provider of goods and services to the complainant.

As the respondent is not a service provider in relation to the complainant’s complaint, I find that I do not have jurisdiction to hear this complaint.

CA-00021081-005. Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

The complainant withdrew this complaint.

CA-00021081-001 Complaint under section 7 of the Terms of Employment (Information) Act, 1994.

I do not find this complaint to be well founded.

CA-00021081-004. Complaint under Section 21 Equal Status Act, 2000.

I do not have jurisdiction to hear this complaint.

CA-00021081-005. Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

The complainant withdrew this complaint.

Equal status; jurisdictional issue