ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000968
Parties:
| Worker | Employer |
Anonymised Parties | Employee | A financial services business |
Representatives | Self-represented | David O’Brien BL instructed by HG Carpendale & Co Solicitors |
Dispute:
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 - 00000968 | 23/12/2022 |
Workplace Relations Commission Adjudication Officer: Kara Turner
Date of Hearing: 29/06/2023 & 23/11/2023
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.
Background:
The dispute referred was in relation to the Employer’s bullying and harassment procedures. The complaint specific detail referred to repeated practices towards the Employee and other employees, and that employees were humiliated and ridiculed. The respondent fully disputed the Employee’s submissions. |
Summary of Worker’s Case:
The Employee raised orally with her manager many times and on multiple occasions the way the owner of the business addressed her in public. The owner would address the Employee in a pleasant manner in a one-to-one situation, but in front of a group would belittle her. The Employee’s manager said she would speak with the owner to bring about changes. Things changed for a short period of time. In resolution of the dispute, the Employee sought payment for therapy. |
Summary of Employer’s Case:
The Employer fully refuted the Employee’s submissions. There were no issues brought to its attention by or on behalf of the Employee during the Employee’s employment. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Employee submitted that things were bad in terms of how she was addressed by the owner of the business in or around December 2018 and January and February 2019. The Employee submitted that she spoke with her manager on a number of occasions around the time in relation to the issue and that things improved after that. In December 2019, the Employee submitted that things went back to being really bad. The Employee said she didn’t really do anything at that stage about the issue. She outlined how with Covid-19 she became more distant from the business given her work location.
On the Employee’s account, the Employee raised with her manager sometime in or around late 2018 and early 2019 an issue about how she was addressed by the owner in a group setting. She confirmed that things then improved. The Employee did not subsequently raise an issue in employment regarding unacceptable forms of address, ridicule, or humiliation. The Employee remained in employment, working remotely for a large part of her working time, until her employment was terminated by the Employer in August 2022.
The Employee has confirmed she did not raise an issue in employment after 2019 in relation to bullying or harassment or in relation to unacceptable practices or modes of address. The Employee did not provide a reason why she did not raise or seek to resolve any issues she experienced in December 2019 or subsequently.
In the circumstances and based on the information before me, I do not consider there to be merit in the Employee’s dispute in relation to the Employer’s bullying and harassment procedures. I do not recommend in favour of the Employee. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out above, I do not consider there to be merit in the Employee’s dispute in relation to the Employer’s bullying and harassment procedures. I do not recommend in favour of the Employee.
Dated: 19/04/2024
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Bullying and harassment procedures – no complaint or issue of bullying or harassment raised by the employee |