Complainant

Respondent

Anonymised Parties

Child Care Assistant

Creche Company

Representatives

SIPTU

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-00029958-001

30/07/2019

The Worker is employed as a childcare assistant with the employer since 2008. The worker submits that she made a bullying complaint against her employer which has not yet been investigated and she is seeking an impartial independent investigation of the complaint. At the time the adjudication was scheduled to commence, it became apparent that there was no attendance by or on behalf of the employer. I was satisfied that the correspondence in relation to the hearing was sent to the address of the registered company. I waited 30 minutes to accommodate a late arrival. As there was no appearance by, or on behalf of the employer, I proceeded with the hearing.

The worker is of the view that she was the subject of bullying behaviour at work. The worker initially complained to a manager and made a formal complaint in November 2017. She was denied trade union representation and she submits that her allegation was never investigated. The trade union representative wrote on her behalf to the manager on October 4th, October 18 and October 30th, 2018 but no reply was received. The representative wrote again directly to the owner director on January 4th, 2019 and January 31st, 2019 but again no reply was given.

On the 21st of December 2018, the Employer wrote to the worker stating that the company would be dealing with the bullying allegation internally as they did not have an endless budget, but that a senior member of management would carry out the investigation. The Employer also mentioned an outstanding disciplinary matter which the worker is unaware of. The worker is not satisfied that she will get a fair hearing by a senior member of management and is seeking an independent investigation.

2.3.2.3 of the Employer’s Bullying and Harassment policy from the Employer’s handbook, as submitted by the Worker at the hearing, states that:

“the Investigation should be conducted by either a designated member or members of management or, if deemed appropriate, an agreed third party. The investigation should be conducted thoroughly, objectively, with sensitivity, utmost confidentiality, and with due respect for the rights of the complainant and the respondent”.

The employer was not in attendance to respond in this dispute.

Based on the worker’s uncontested account I believe it is appropriate to have the worker’s complaint investigated thoroughly and impartially as soon as is practical by an agreed independent third party. I believe such a solution is appropriate as it falls firmly within the guidelines which the employer has introduced in the employment concerned to ensure due respect for both the rights of the complainant and respondent in bullying investigations.

I recommend the appointment of an agreed independent investigator to investigate the complaint that the worker has raised. The terms of reference should be agreed by both parties before the investigation begins and should not be altered during the investigation, except with the consent of both parties. I recommend that this investigation should be completed, and findings issued within three months from the date of this recommendation.

Bullying and Harassment