ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00000437

Parties:

	Worker	Employer
Anonymised Parties	A Shop Assistant	A Statutory Employment Placement Body

Representatives

Self-Represented

John Carroll, Solicitor, of Crowley Millar Solicitors

Disputes

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 - 00000437	04/07/2022

Workplace Relations Commission Adjudication Officer: Michael McEntee

Date of Hearing: 03/03/2023

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following 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 information relevant to the dispute.

Background:

The dispute concerns a Work Placement in a Voluntary Shop. The Worker alleged that she had been Unfairly Dismissed from this shop and that the Manager there, Mr X, had bullied and harassed her.

The Employer completely rejected these claims.

1: Summary of Workers Case:

The Worker commenced with the overall Statutory Body on the 14th October 2019. She was placed as a Retail Assistant in a voluntary Charity Shop. The Shop was not run in a proper or fair professional manner. The Manager, Mr X, used foul language to the Worker and bullied and harassed her. The physical environment of the Shop, hygiene standards etc, were very poor. She dreaded going into work there. Eventually in January 2020 she was effectively Dismissed by the Manager who stated the “He did not want her there anymore”. The Manager from the Statutory Body, Ms G, had a completely false, positive, impression of Mr X.

In cross examination from the Employer’s Solicitor the Worker maintained that she had never received a Contract or a Handbook. She was not aware of any formal Grievance procedure. She was afraid during her Shop Placement that the Shop Manager would “take it out on her” if she ever raised any complaint to the Statutory Body.

2: Summary of Employer’s Case:

The Worker was employed by the Statutory Body from the 14th October 2019 to the 9th October 2020. She was never Dismissed and served the full term of her Statutory Training Placement /Contract.

In January 2020 she requested a move to a different Work Placement, which, Ms G, the Statutory Body Manager facilitated. It was entirely at the Complainant’s request as she had stated to Ms G that she found the Retail shop work a “bit too much for her” and the Shop was always very busy.

At no time during her placement in the Shop had she ever raised any complaints regarding Mr X and had always appeared quite happy there. Ms G knew the Shop Manager, Mr X, well, having placed staff there before. The description given by the Worker did not agree with her views.

In summary the Employer view was that the Worker had never been dismissed and had been facilitated with a transfer of Work Placements when she requested same.

She had never raised any complaint or Grievances although these were well provided for in the Handbook and Contract which the Worker had received.

3: Conclusions:

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

On balance, the Adjudication view had to be that No Dismissal had taken place. The Worker was on a Job Placement Contract for 12 months and it had come to a natural end.

She had been paid, in full, throughout the Contract.

The Worker was heartfelt in her description of working in the Charity Shop. Regrettably the Manager, Mr X, was not available to the Hearing. However, it was accepted that the Charity shop was not the Worker’s Employer and there was no Industrial Relations Act,1969 dispute involving them before the Hearing. Allegations regarding the Manager were unsupported hearsay and could not be commented upon in the Adjudication.

A change of placement had been requested by the Worker, on the basis of the Shop being “Too much” for her.

She appeared to have been very satisfied with the alternative placement in a smaller more Office type unit.

The Statutory Body presented three witnesses who all corroborated the view of Ms G, that there had been no issues of complaint regarding the Shop or the Manager, ever raised with the Body by the Worker.

The Charity Shop had accepted numerous placements before without issue.

Ms G and her colleague Ms M presented as experienced Workers in the Job placement / Statutory Sector. Ms G had over two years’ experience while Ms M had over seven years. Their evidence was persuasive.

The HR Administrator, Ms F, gave evidence of proper Contracts being drawn up and a Handbook having been given. Copies were submitted in evidence.

4: Recommendation:

IR- SC - 00000437

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

It is Recommended that.

The Worker accept that No Dismissal took place from her Employer, the Statutory Placement Body.
Any issues with the Charity Shop Manager are now effectively well in the past and nothing can be gained by pursuing then further at this stage.

Dated: 10th August 2023