Worker

Employer

Anonymised Parties

A Marketing Manager

A Bar/Hospitality Group

Representatives

none 

 none

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00035419-001

24/03/2020

The worker started work with the employer on 2 December 2019.  She was employed as a Marketing Manager.  Her employment ended on 11th March 2020.  Her weekly gross pay was €1,057 and she worked 40 hours per week. The employer is a hospitality business with several bars and restaurants.  The worker alleges that she was unfairly dismissed. The hearing was held remotely.

The worker provided a written submission.

The worker submits that she was told the reason for her dismissal was because her position was no longer needed as expected projects were not going to go ahead.  However, the worker believes she was dismissed because she raised an issue of bullying with her employer.

The worker submits that from her first day she had problems with another colleague, Ms A, who constantly questioned her work in front of colleagues and superiors, was constantly outlining problems and generally being aggressive and unpleasant. Eventually the worker decided to approach the colleague she was having difficulties with, as per the company handbook. She also brought the matter to the attention of HR, informally. Neither HR nor the colleague acted on foot of her approaches.  The worker was dismissed from her employment a little over a week after she had raised the issue of the alleged bullying.

The worker made several attempts to find out why she was being let go.  After several emails, she got a response stating that she was being let go due to restructuring and Coronavirus.

In her submission, the worker provided a detailed timeline of events leading up to her dismissal. In this timeline the worker highlights the difficulties she was experiencing at work and in particular with Ms A. these difficulties amounted to bullying in her eyes. 

At the hearing the worker stated that she had made several people in the organisation aware of the difficulties she was experiencing.  However, when she tried to address the issues, she was told she was being let go.   When questioned about the employer failing to win two major projects the worker stated that she was aware about the loss but that this should not have affected her job. The worker also agreed she did not make a formal grievance.

The employer did not provide a written submission.

In evidence at the hearing a senior manager for the employer stated that when the tender bids were unsuccessful the company had to cut costs and reduce employee numbers. Several people were let go, one of whom was this worker, due to the required restructuring. 

The manager agreed that the worker had come to him about problems she was having with Ms A, he gave her advice, but the worker never initiated a formal grievance. The manager denied categorically that the worker had been let go due because she had raised an issue of bullying.  He stated that the worker was let go solely because planned projects were not going to go ahead and the reorganisation of the company. 

The manager stated at the hearing that the worker was excellent at her job and there had been no issues with her performance during her time working for the company.

The manager stated that the worker worked up to Tuesday 10 March 2020, the following week she was paid two days holiday pay plus two days’ wages and one weeks’ notice.

I recommend that the worker accepts that her termination was due solely to the unfortunate business prospects of the employer. 

Allegations, restructuring,