Complainant

Respondent

Anonymised Parties

Employee

Employer

Representatives

Heather MacDonald IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00048555-001

08/02/2022

The worker referred this dispute to the WRC because he was dissatisfied with the way his bullying complaint had been dealt with by the employer. The worker in this case also submitted a separate claim of discrimination and harassment on the grounds of Race under the Employment Equality Acts.  These are dealt with in a separate Adj reference.  

The worker in this case also submitted a separate claim of discrimination and harassment on the grounds of Race under the Employment Equality Acts.  These are dealt with in a separate Adj reference.  

The employer in submitting its defence to the allegations of harassment on grounds of race sought to rely on the defence in Section 14A (2) of the Employment Equality Acts and submitted that they conducted a thorough investigation and appeal process into the complaints of harassment made by the complainant. 

In examining this defence I examined in detail the investigation and appeal process engaged in by the employer and concluded that the investigation and appeal procedures applied were flawed and consequently that the respondent employer was not entitled to rely on the Section 14A(2) defence.   Accordingly, I found in favour of the complainant and awarded appropriate redress.

Given that I have already made a decision in respect of the bullying and harassment procedures albeit in the context of a claim under the Employment Equality Acts I am satisfied that these matters have already been dealt with a decision issued and redress awarded in relation to same.

Accordingly, I do not recommend in favour of the worker in respect of this matter.

I do not recommend in favour of the worker in respect of this matter.