Worker

Employer

Anonymised Parties

An Assistant Catering Manager

A Catering Company

Representatives

SIPTU

 Jacob and Twomey Solicitors

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 - 00001229

02/04/2023

The worker referred this dispute to the WRC because she was dissatisfied with the way her bullying complaint had been dealt with by the employer.

The worker enjoyed working for the employer for over 20 years without issue. However in 2022 issues arose between her and her manager. The worker raised her concerns informally in the first instance but was unhappy with the way her complaint was handled. The worker then made a formal complaint under the Dignity at Work Policy. The complaint was the subject of a formal investigation. The worker did not agree with the outcome and raised issues regarding the employer’s adherence to the Dignity at Work Policy and adherence to fair procedures. The worker appealed the investigation outcome. Her appeal was not upheld. The investigation report contained several recommendations, including mediation. Prior to these recommendations being implemented, the worker referred this dispute to the WRC.

The worker outlined that: she did not feel supported during the informal and formal process; no terms of reference were drawn up or agreed for the investigation; witnesses named by the worker were not interviewed; mediation should have been offered earlier in the process; the process was unduly protracted; and the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work was not strictly adhered to.

Since the referral of her dispute to the WRC, the worker engaged in mediation with her immediate manager and this process proved worthwhile. Recently, this manager left the employer’s business.

The worker is seeking to return to a work environment which is safe, and she does not want to find herself in a  similar situation again.

It is the employer’s case that the worker’s complaint was dealt with effectively, efficiently and in line with the company’s Dignity at Work Policy and with due regard for the worker’s right to fair procedures and natural justice.

The worker’s complaint was initially addressed in an informal manner and proposals were agreed to deal with the worker’s concerns.

When the worker made a formal complaint, this complaint was investigated without undue delay. The findings of the investigation were entirely reasonable.

The worker was afforded the opportunity to appeal, notwithstanding that the worker’s appeal was received outside of the timeframe provided for within the Dignity at Work Policy.

An external mediation process was arranged for the worker and her manager after the conclusion of the investigation.

The employer did all that could be expected of a reasonable employer; the dispute is without merit; and the dispute was prematurely referred to the WRC.

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

At the time this dispute was referred to the WRC, the worker and her manager had not yet engaged in mediation. When both had an opportunity to do so, the process was fruitful and some of the issues of concern for the worker were addressed which included an agreement between the worker and her manager on their respective work duties. As acknowledged by the worker at the hearing, things have moved on now. The manager who was the subject of this dispute has left the business.

The worker told the hearing that she wants to return to a safe work environment. When asked by the Adjudication Officer what this would involve, the worker stated that she wants clarification on her duties. Further, it was important to her that company policies would be adhered to, and that any employee concerns would be addressed quickly and in accordance with agreed resolution procedures.

The employer told the hearing that it was open to updating its Dignity at Work Policy in line with the new codes of practice and providing training for people managers on the informal and formal resolution of employee complaints.

I am satisfied that the matters that form the subject of this referral were investigated internally by the employer and, broadly speaking, the employer adhered to its existing Dignity at Work Policy. The investigation report acknowledged some shortcomings on behalf of the employer. However, I do not feel there is anything to be gained at this point on focusing on these matters. The individual against whom the worker raised complaints has now left the company and the worker is eager to move on. The process has been a long and protracted one for the worker, and she wants to return to what had been a very happy and rewarding career.

The role of the WRC in referrals such as these is to assist the parties wherever possible in resolving workplace issues so the parties can move forward. The focus now in my view should be on doing all that is reasonably practicable to prevent a recurrence of the difficulties that the worker faced and to do all that is reasonably practicable to provide a safe work environment.

The employer has a Dignity at Work Policy in place, which was last updated in 2017 and the employer is willing to update this policy in accordance with the new codes of practice on bullying and harassment and to provide training in relation to same.

I recommend as follows:

1.       Within two weeks of this Recommendation, the worker and her (acting) line manager will engage in discussions with a view to agreeing the worker’s job description (duties/tasks) as a matter of priority [and person specification if desired (i.e., the competencies required to perform those duties/tasks]. The goal should be to ensure that the worker is clear as to her duties and areas of responsibility.

2.       Within two months of this Recommendation (and in line with normal employee/industrial relations practice within the employer’s business), the employer should have reviewed and updated the Dignity at Work Policy in line with the most recently published Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work and the Code of Practice on Sexual Harassment and Harassment. A copy of this updated policy should be disseminated to all workers, and the importance of adhering to the terms of the policy should be impressed upon all workers. The policy should also include a commitment to review the policy in line with legislative changes/revised Codes of Practice/best practice and include a specified cyclical review date (for example, a commitment to review the policy on a yearly basis).  

3.       Within six months of this Recommendation, all people managers should have been trained on the informal and formal resolution of worker complaints. This training should include reference to the procedures for the resolution of complaints both under the grievance procedure and the newly updated Dignity at Work Policy. In particular, the training should impress upon people managers the value of informal, speedy resolution (where appropriate). I further recommend that the employer undertake training with all members of the management team on the obligations that fall on them arising from its own internal processes relating to the management of disputes and grievances.

4.       Within six months of this Recommendation, an appropriate number (to be determined by the employer) of senior managers within the employer’s business should be trained specifically in conducting formal workplace investigations under the revised Dignity at Work Policy.

5.       A record should be maintained of all those who receive the training referred to at 3 and 4 above.  

Bullying. Training.