ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00026733
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Floor Operative | A Cinema |
Representatives |
| Kirsty O’Sullivan IBEC |
Complaint:
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-00034032-002 | 28/01/2020 |
Date of Adjudication Hearing: 10/03/2020
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with 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 commenced employment with the Respondent on 22nd April 2019, working in the role of General Floor Staff. The Respondent is a substantial employer in the entertainment business in Ireland managing cinemas across multiple locations around the country. The Complainant was paid €9.80 per hour (minimum wage at the time). The Complainant’s employment with the Respondent ended on 26th June 2019. A complaint was received by the WRC on 28th January 2020.
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Summary of Complainant’s Case:
The Complainant submits that although most of the staff in the cinema in which he worked were friendly, some of the staff went out of their way not to talk to him, some avoided eye contact with him. Following a remark made by the Complainant to another member of staff relating to the rights of gay people the Complainant submits that he was alienated by some other members of staff. In direct evidence the Complainant stated that he was told to, “go away, we don’t want you here” when he joined a group in which the man, he had had words with was a member. The Complainant got what he described as “the silent treatment.” The Complainant also stated that it was obvious he had made a complaint and it was not being dealt with by his manager. |
Summary of Respondent’s Case:
The Respondent submits that on 25th May 2019, there was a discussion between the Complainant and a colleague about personal opinions. On 27th May 2019, the Complainant utilised a company email address for the public stating he had an issue. Upon receiving this email, the HR Manager responded to the Complainant advising him that he was welcome to raise a grievance and that this policy was open to him as part of his contract of employment. On foot of a complaint made by the Complainant’s colleague referred to above against the Complainant, an investigation was initiated. However, on 20th June 2019, the Complainant resigned without providing any reason for his resignation. The Complainant confirmed his resignation in writing on 21st June 2019. On 21st February 2020, the Complainant applied for a role with the Respondent. The Respondent submits that the Complainant never raised a formal complaint via the relevant procedures. |
Findings and Conclusions:
There is insufficient evidence to sustain the Complainant’s allegations. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
The Complaint is not well founded. |