Worker

Employer

Anonymised Parties

{A Supervisor}

{A Company}

Representatives

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 - 00000069

12/04/2022

The Complainant was a Supervisor working for the Respondent from 27th July 2021 until 6th April 2022.

The Worker made complaints of bullying and harassment to her line manager, neither of which were investigated in a serious way. The Worker was never given a contract of employment or handbook and was not aware there was a HR department.

She was told by her manager after her first complaint about a colleague, I need you to get along. The Complainant was harassed, followed around the bar and bullied. After the second complaint, the Complainant’s line manager brought up her performance which was never an issue before. The Complainant requested to be put on opposite shifts to the colleague, but the manager said she didn’t have opposite shifts. The Complainant worked one more shift before having a panic attack. She could not work another shift. The Complainant was forced to resign. Her colleague was violent with furniture and extremely aggressive with words. The Complainant was scared for her physical and mental safety.

The Complainant was employed as a bartender on a part-time basis from 27th July 2021. She resigned on 6th April 2022.

The manager received a call from the Complainant on 10th February 2022 regarding an alleged dispute that her colleague was verbally abusive and had followed her down the stairs giving out. The manager offered to return but the Complainant said she would finish out her shift. On 12th February 2022, the manager asked the Complainant did she wish to make a formal complaint, but the Complainant declined.

The Complainant contacted her manager on 4th April 2022 regarding an alleged incident which took place after work. The Complainant reported one of her colleagues raised his voice and slammed his hand on the table during a heated conversation. The manager highlighted an incident the previous week where the Complainants behaviour was inappropriate, and the Complainant apologised.

The manager met with the two other colleagues involved in the alleged incident. The Complainant telephoned and wanted to know the outcome, but the manager wanted to meet her to discuss. She was notified that her colleague was not happy with her text messages. The Complainant said she needed to cease working and go on the dole. The Complainant then sent in a letter of resignation.

The Respondent said the Complainant would have been given a contract of employment on commencement which refers to the company handbook. The HR Director contacted the Complainant about the grievance procedure and attempted to set up a meeting but the Claimant would not engage. The Complainant resigned prior to the completion of the investigation. Policies and contracts are in place and there is no case to answer.

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

The Complainant sought an adjournment of the hearing, which was refused as substantial grounds or exceptional reasons for the adjournment were not given. The Complainant did not attend the hearing to present her case.

In the circumstances, I conclude my investigation and make no recommendation in favour of the Complainant.

No show