ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00017184
| Complainant | Respondent |
Anonymised Parties | Food and Beverage Assistant | Accommodation and Food Service |
Representatives | None | IBEC |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00022264-002 | 30/09/2018 |
Date of Adjudication Hearing: 16/01/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969] following the referral of the dispute) to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute
Ca-00022264-002
Industrial Relations Acts
Background
The claimant stated she was employed by the respondent from the 1st April 2017 to the 18th February 2018. The claimant submitted that she had to leave the employment due to the conduct of the respondent in her statement on the complaint form the claimant gave various examples of behaviour that she found unacceptable. The respondent for their part submitted that the claimant resigned her position and an exit interview was carried out and no complaint other to say that a named person was rude. The claimant was asked to provide dates and time of the alleged behaviour and she was unable to do
The respondent submitted that the alleged behaviour as mention by the claimant would be totally unacceptable to them and had it been brought to their attention, they would have acted on it immediately.
Findings
I find that having listened to the claimant and provided her with as much assistance that was possible in the circumstances. I find she should have raised these issues with the respondent in accordance with the respondent’s procedures.
The claimant had also an opportunity to raise these allegations at the exit interview, but she failed to do so.
I find the claimant resigned her position with the respondent.
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find the complaint for Constructive Dismissal fails, however I would recommend that she takes up the respondents offer of a meeting.
Dated: 29th April 2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell