ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00035540
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Guard | A Security Company |
Representatives | N/A | Peninsula |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Dispute seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts |
| 18/10/2021 |
Date of Adjudication Hearing: 23/06/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
The Respondent’s representative informed the WRC on 20 May 2022 that they would not be attending the hearing.
Background:
The Worker stated that he commenced employment as a Security Guard with the Employer on 23 March 2011 where he earned €960 per week. He alleged that he was bullied and undermined throughout the period of his employment with the Respondent. |
Summary of Worker’s Case:
The Worker stated that he invoked the Employer’s grievance procedure in March 2021 because of the mistreatment he was subjected to by the Employer but that the allegations he made were not investigated properly. Specifically, he stated that he was physically assaulted by someone acting on behalf of the Managing Director of the Employer. In addition, he also alleged that he had been subjected to mistreatment by the Employer, such as having his wages reduced for no reason to having to walk over 2kms to use the toilet. The Worker also stated that he was suspended by the Employer from March 2021 until June 2021 and again from August 2021 to the date he filed the within dispute to the WRC because he was accused of having engaged in very heated conversations with drivers. The Worker asserted however that the real reason behind his suspension was that the Employer was engaged in illegal activity and that they gained financially by removing him from the site. |
Summary of Employer’s Case:
The Employer did not attend the hearing to give evidence. |
Findings and Conclusions:
As the Worker left his employment further to this dispute being referred to the WRC, there is little to be gained at this stage in ordering that an investigation be recommenced into the Worker’s grievance. I therefore find that the Worker should be compensated for the employer’s failure both to carry out an adequate investigation and for the treatment he was subjected to in the workplace. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In deciding on an appropriate amount of compensation, I note that the that the allegations made were at the more serious end of the scale and recommend that the Employer pay the Worker €10,000 to resolve this dispute. |
Dated: 15/07/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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