Worker

Employer

Anonymised Parties

Cleaning Operative

Cleaning Contractors

Representatives

Ian McGowan Smyth HR Ireland

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 - 00000995

10/01/2023

The Worker’s dispute relates to the Employer’s bullying and harassment procedures. 

The Worker submitted that the Employer did not address her complaints of bullying. 

The Employer maintained that the Worker had not made any complaints of bullying.  It had fully engaged with the Worker on issues she raised in relation to her hours of work.

The Worker is employed by the Employer as a cleaner pursuant to a written contract of employment.

She asserted that she experienced bullying after she raised a complaint about constant changes to her work schedule.  The bullying conduct began in January 2022, approximately 3 months after the Worker commenced work with the Employer.  

The Worker’s hours of work were changed without consultation with her and, on occasion, without notice.

The Worker requested a transfer due to the conduct she was experiencing but this request was not acknowledged by the Employer.

The Employer maintained that the Worker never raised with it any complaint of bullying behaviour on the part of the Worker’s colleagues. 

The Area Manager was in frequent contact with the Worker about her work hours and issues raised by the Worker in this regard. 

The Employer was not aware of the conduct complained of by the Worker until it received her Workplace Relations Commission complaint form. 

The Employer does not tolerate bullying or harassment and it has procedures for addressing any complaints of such conduct. 

The Employer did not receive a transfer request from the Worker; the Worker had enquired about the availability of hours at another work location.

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

The dispute referred to the Workplace Relations Commission concerned the Employer’s bullying and harassment procedures.  The Worker’s position was that the Employer failed to address her complaints of bullying.

The Employer’s Area Manager was notified of a disagreement in September 2022 between the Worker and her supervisor at the Worker’s place of work.  The Area Manager spoke with the Worker at the time and held a Dignity at Work toolbox talks meeting with personnel, including the supervisor and the Worker.   At the hearing, the Worker confirmed that she was happy with the Employer’s response in September 2022, but submitted that bullying behaviour started again 3 months later, and that the Employer did not act on same. 

The Worker was hospitalised for a period in November / December 2022 due to a health-related incident.   From the information before me, it appears that the regrettable health event occurred on 16 November 2022 and that the Worker was taken to hospital on that date.  The Worker was discharged from hospital the following week and was certified unfit for work up to 10 January 2023.  The Employer’s Area Manager met with the Worker on 11 January 2023 in advance of her return to work. 

The within dispute was referred to the Commission on 10 January 2023.

The Worker maintained that she complained to her Employer about unacceptable conduct on the part of her work colleagues.  The Employer disputed that the Worker had made complaints of bullying.  It submitted that it was not aware of the allegations detailed in the complaint form until receipt of the notification from the Workplace Relations Commission.  

I note the detail provided by the Worker in her complaint form which refers to the alleged bullying continuing until the Worker fell ill and was admitted to hospital, which was in November 2022. 

The Employer has a Dignity at Work policy, and the Worker remains in the Employer’s employment. 

At the hearing, the Employer expressed its commitment to addressing any workplace issues.

In the interests of restoring workplace relationships, I recommend that the Employer address any outstanding complaints on the part of the Worker under its own policies and procedures and having regard to any relevant workplace Codes of Practice.

Industrial relations – Bullying and harassment procedures