Worker

Employer

Anonymised Parties

Relief Cleaner

County Council

Representatives

Self

HR Representative

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00039667-001

03/09/2020

The worker provides cleaning relief cover to a public body. This means that she will at times be working with new teams and changing work areas frequently. The worker in turn requires assistance from colleagues when she is providing relief to an area, to learn the ropes so to speak, so that she can carry out her duties. The worker states that she has experienced difficulties with some colleagues when she looks for this help. She states at times some colleagues were uncooperative and also abusive when she asked for help or assistance. The worker earned €389 gross per fortnight and worked 15 hours per week. The employee is not represented. The employer stated that they did attempt to diffuse the situation; however, in the absence of making a formal complaint about the said individuals and mindful of their rights, they could do very little about the matter.

The worker began employment in October 2015 as a relief cleaner when she was available, as she also works for another employer. In September 2019 she was given a 3 month contract and then in December 2019 she was made permanent. She states that she asked her supervisor and HR to assist with what she describes as a hostile working environment. As far as she knew she had brought her grievance to her supervisor and HR and provided details about what she perceived as abusive and hostile behaviour. She was not aware that she would also have to formally initiate a grievance having believed that she had reported the matters to her supervisor and HR. On the 14th August 2020 the worker resigned stating that she no longer could tolerate what she described as a hostile and abusive working environment. The worker continues to be employed as a cleaner with another employer whom she has worked for several years without incident.

The employer states that they did in fact meet the worker about the matters detailed. They advised her that the employees whom she complained about also had rights and they would have to be informed about the allegations that were being made against them. As she was unwilling to do this they could do very little about the complaint. The worker never formalised her grievance and left the organisation in July 2020.

The worker states that she had no alternative but to leave her employment based on what she believes was her inability to cope with a hostile working environment. The worker was not represented and allowing for the fact that this is a public body with Union representation, the worker should be encouraged to seek the assistance of a Union representative with this matter.

The employee seeks a recommendation based on what she believes was a failure on behalf of her employer and supervisor to intervene and positively assist her with her stress that she attributed as arising from her working environment. The employer states that they did what they could and advised the employee of the formal complaint procedures which she should avail of.

I am mindful that the events leading to the employee resigning are all occurring in the middle of a Pandemic. During this difficult year no normal working environment has existed where complaints and grievances might easily be resolved when they arise. The worker provided an essential service along with team colleagues under very stressful conditions.

The worker is not represented, and this may have given rise to some confusion on her part about the requirements of the grievance process. Workplace grievances may sometimes be served better by the parties engaging in a mediation process at local level.

The worker is not represented, and this may have given rise to some confusion on her part about the requirements of the internal grievance process. Workplace grievances may sometimes be served better by the parties engaging in a mediation process. I am referring the matter back to local level so that the parties engage in such a process. I also suggest that the worker is formally notified of her right, under the council’s employee/organisation agreement, to seek union representation so that she can be provided with competent assistance to process her grievance. In the event that the formal grievance is invoked and remains unresolved the matter maybe referred back to the WRC under section 13(2) of the Industrial Relations Act, 1969. It is also noted that all parties who are engaged in providing essential services during the Pandemic are operating under very stressful situations; that in turn can clearly exacerbate workplace misunderstandings. Allowing for this, the parties are strongly advised to engage in mediation without prejudice to either side.

Hostile Working Environment-Resignation-Failure to use internal Grievance Procedure