ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00025504
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Charity |
Complaint(s):
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-00032374-001 | 21/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00032377-001 | 21/11/2019 |
Date of Adjudication Hearing: 12/02/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The complainant alleged that she has been bullied by one of the charity’s directors. She claimed that this bullying behaviour makes it impossible for her to carry out her duties. |
Summary of Complainant’s Case:
CA-00032374-001: The complainant alleged that she did not receive a copy of her terms and conditions of employment. CA-00032377-001: The complainant stated that the bullying behaviour of one of the directors makes it impossible for her to carry out her duties. She also claimed that this behaviour has had a serious impact on both her physical and mental health. |
Summary of Respondent’s Case:
CA-00032374-001: The respondent acknowledged that the complainant did not receive a copy of her contract of employment. CA-00032377-001: The respondent chose not to rebut any of the complainant’s allegations in relation to this claim. |
Findings and Conclusions:
Given that both the complainant and the respondent have agreed that it is in the mutual interest of both parties to terminate the employment relationship, they have requested that I make a recommendation in relation to the severance terms. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
CA-00032374-001: Given that the complainant did not receive a copy of her terms and conditions of employment, I find that this complaint is well founded. The respondent should therefore pay the complainant a sum of €2,000 in respect of this complaint. CA-00032377-001: Following a review of the evidence, I recommend that the complainant: · is paid her full monthly salary until the end of February 2020, as well as one additional day, in respect of the payment she would have received for St Patrick’s Day, had she remained in the company’s employment. · is paid her accrued annual leave entitlements until the end of February 2020. · receives a payment in the amount of €11,000 in respect of the termination of her employment. · is allowed to enter the company’s premises to retrieve all of her personal belongings and that she also returns any items owned by the company. · receives a satisfactory reference from the Board of Directors. |
Dated: 12th March 2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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