Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

Ray Flaherty

Act

Dispute Reference No.

Date of Receipt

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

IR - SC - 00000550

10/08/2022

The worker was employed by the respondent.  He raised issues he was having with his supervisor to his supervisor who in turn referred those matters to the management committee.

The worker was employed by the employer and was out sick in February 2022.  He returned to work and was requested to undergo a regular antigen test at the start of each week.  He did not agree to this and submitted that his supervisor was roaring and shouting at him.  He stated that he made a complaint which was dealt with but not to his satisfaction as the Board believed his supervisors version of events rather than his own version.

He also stated that the correspondence he received was not shared with all the members of the board at that time and was only shared with them at a much later date.

The employer submitted that it had dealt with the issues raised by the worker and that no complaint of bullying was ever made, or received by it.

The employer confirmed that the whole board did not receive the correspondence relating to GDPR and antigen testing but that these issues were dealt with by the management committee who were appropriately delegated to deal with such matters.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

From the evidence presented to me I note that the complainant communicated with his supervisor but was informed in writing by the management committee that grievances need to be submitted in writing and was provided with a generous timeframe within which to submit a grievance.  No written grievance was made within that timeframe.

I note that the correspondence received indicates that the matters relating to interpersonal communication that arose on one occasion were dealt with in that the supervisor was spoken to.

I note that no bullying complaint was submitted to the WRC as evidence and that the employer denied that it had received a complaint in writing while noting that the matters had been dealt with.  The employer outlined the steps it took in relation to the informal suggestions of improper behaviour in a letter sent to the worker.

I note that the conversation between the worker and his supervisor took place when he returned from sick leave to the place of employment following a cold, I note that the supervisor had a compromised immune system and I note that this all took place during February 2022.

Industrial Relations Act – bullying and harassment – grievances – recommendation – circulation of written procedures.