ADJ-00024570

Complainant

Respondent

Anonymised Parties

Waitress

Restaurant

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-00031148-001

25/09/2019

The Complainant contends that she was unfairly treated and victimised when a staff meeting was called by the owner of the business at which she was verbally attacked by members of staff.

The Complainant was employed by the Respondent from 15th November 2016 to 17th May 2019.     Her employment was relatively uneventful until May 2019 when a number of incidents occurred. She witnessed the Supervisor being aggressive and disrespectful to a member of staff Ms Y. The Complainant complained to the owner and she was also concerned that the staff member was leaving and had not received her tips. This was subsequently sorted out. On 17th May 2019, the owner called a meeting with a number of staff. At this meeting, there was some discussion at the beginning about the business and expansion etc. However, it then transpired that the Supervisor shouted that she was not going to work with her, and that she had showed a lack of compassion about the Supervisor’s young baby niece who had been gravely ill.   Others then made comments to the Complainant and she felt ‘ganged up’ on and had no opportunity to be heard or defend herself.   She left that evening and never returned. She sent in sick certs until October 2019 when she formally resigned, citing the Respondent’s inappropriate handling of that meeting as being the main reason.  

The Respondent stated that in over 20 years of business he had never had complaints such as this made against him. He alleges that by her statements, many of which he takes issue, believing them to be supposition and hearsay, she has impugned his character. He accepted that there were some tensions and problems, for example, the dishwashing employee had issues with the Complainant banging dishes down in the kitchen. He also accepts that the Complainant had a number of issues and complaints against other staff, for example the Supervisor and her alleged treatment of the employee Ms Y. However, the Complainant never raised any formal complaints with the Respondent.   However, he noted that the Complainant seemed to be making serious allegations against the Supervisor about not distributing tips.   This was later ironed out and was clarified. In or around 17th May 2019, the Respondent felt that he should call a staff meeting to discuss a number of issues: (a) staff changes and structure due to J and L leaving, (b) ideas for expansion of the business and (c) to iron out any problems staff had, to clear the air.   The meeting became emotive and at various times, staff walked out, stating they had enough and had other work to do.   The Respondent did not expect the meeting to proceed as it had. However, he stated that he had offered the Complainant to think about things and to come back to him if she wished to discuss the matters further, and she would be welcome to bring someone with her. The Respondent received sick certs but no further contact from the Complainant until 10th October 2019 when her resignation was received.

Staff conflict.