ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001367
| Worker | Employer |
Anonymised Parties | A Transport Co-ordinator | A Transport Company |
Representatives |
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Dispute(s):
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 - 00001367 | 04/05/2023 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 19/02/2024
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.
The Worker attended the hearing and was accompanied by his father. The Employer indicated in advance that they would not be attending the hearing on the day.
Background:
The Worker commenced his employment as a Junior Transport Co-ordinator with the Employer on 13 March 2023 and was paid €596 per week. He stated that he was bullied by his colleagues during his employment and walked out on 1 May 2023. |
Summary of Workers Case:
The Worker stated that he was bullied during his employment. He stated that he received very little training from the Employer and that the fiancée of the Employer’s son was incredibly rude to him almost on a weekly basis from when he started his employment. The Worker further asserted that she was not admonished by any other employee despite her treatment of him. The Worker stated that on 1 May 2023 she called him a “retard” and told him that he was not helping anyone by him being there. The Worker stated that this was the final straw and that he then left his employment. He also added that he had been bullied by another employee during his employment. |
Summary of Employer’s Case:
The Employer did not attend the hearing on the day and did not provide any submissions in advance. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I have also examined the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work. I noted in the first instance that the Worker did not receive an employee handbook and there was no evidence of any bullying procedures having been provided to him. I further noted that there was no evidence presented to suggest that the Employer made any efforts to prevent the bullying that the Worker was subjected to. In addition, I noted that although the Worker formally raised his concerns with the HR team, there was no evidence of a proper investigation having been carried out. Considering all of the foregoing points, I recommend that the Employer should pay the worker compensation of €2,400, namely four weeks’ pay, in full and final settlement of this dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Employer should pay the worker compensation of €2,400, namely four weeks’ pay, in full and final settlement of this dispute.
Dated: 09/04/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
I recommend that the Employer should pay the worker compensation of €2,400, namely four weeks’ pay, in full and final settlement of this dispute. |