Complainant

Respondent

Parties

Anuschka  Wahner

Sky Handling Partner HQ Ltd

Representatives

Ellen Walsh of  Peninsula

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00053238-001

11/10/2022

The Complainant worked for the Respondent company from the 11th of February 2022 until the 6th of May 2022.

On the 11th of October she submitted a race discrimination complaint under the Employment Equality Act against the Respondent. In the narrative of the complaint form she identified that she had been bullied during her short time working for the Respondent.

The Complainant attended a hearing into this matter via video link.

She gave evidence under affirmation, with the assistance of a translator Mr Miroslav Sedlacek  who was also sworn in.

The Complainant detailed her experience of being singled out and bullied while working for the Respondent.

The Respondent attended the hearing represented by Ellen Walsh of Peninsula.

They submitted detailed written submissions disputing the Complainant’s claims. They submit that the Complainant failed to notify them of any bullying complaint and that on a number of occasions she failed to attend work. She resigned after just 15 days on the job.

A series of Respondent employees attended the hearing and were prepared to give evidence. They deny that the Complainant was bullied.

The Complainant attended the hearing and gave an overview of her experiences working for the respondent.

She outlined that she had experience of bullying during her induction training course which lasted for a week in February 2022. She says she reported these issues but nothing was done. The bullying carried through to her placement in the workplace.

When the complainant concluded giving her evidence, I asked her why her view this bullying was related to her race. She replied clearly that she does not believe it had anything to do with race and that the respondent is a multicultural organisation.

She was clear that she does not believe she was bullied because of her race. The Complainant outlined in general that she doesn't know why she was bullied but she feels she was discriminated against.

At this point I decided to adjourn as I wanted to consider what the Complainant had said in evidence and examine whether her complaint, as she presented it, came under the remit of the Employment Equality Acts.

Section 6 of the Employment Equality Acts outline the scope of the act and what can be considered discrimination from under the act. There are nine grounds set out under section 6, race is one of these and was the ground identified by the Complainant on her complaint form. She has identified none of the other grounds for discrimination as set out in the act.  Her complaint is that she was treated differently from others and she does not know why.

On review of the Complainant's case in her own words and on her own evidence I conclude that it is clearly not a case under the employment equality act but rather a bullying complaint unconnected to any of the nine discriminatory grounds. As such I am of the view that is appropriate to issue a decision rather than by inviting further evidence from the Respondent.

I would note that the Respondent did not have an opportunity to challenge the complainant on her assertion that she was bullied. They attended the hearing with numerous witnesses fully prepared to.

I find that this complaint is not well founded.