Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

  N/A

 The HR Suite

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 - 00001498

29/06/2023

The Worker has been employed by the Employer since October 2021 as a Sushi Chef. The Worker outlined that she was bullied and harassed by her Line Manager and that she has not worked since 29 June 2023, when she submitted her Complaint Form to the WRC. The Worker outlined in her Complaint Form that this dispute concerns bullying and harassment procedures. The Employer outlined that it first became aware of the Worker’s complaint on the same day that the Worker submitted her Complaint Form to the WRC. The Employer also refutes the Worker’s allegations in their entirety.

The Worker provided detailed written and oral submissions.

Between October 2021 and June 20223, the Worker outlined that she worked approximately 35 hours per week, earning €11.70 gross per hour. The Worker outlined that she had been bullied and harassed by her Line Manager. The Worker made numerous allegations against her Line Manager, such as:

-       He intervened in the Worker’s work too frequently;

-       He micro-managed the Worker’s behaviour and conduct;

-       He refused to follow the Employer’s procedure regarding hygiene and food preparation;

-       He told the Worker that if she made a complaint, the Employer would fire her and that she would go to jail;

-       He spread rumours about the Worker, for example, that she was married to and had children with another member of staff who shared her surname;

-       He gossiped about female members of staff and created an “unhealthy” work environment for the Worker;

-       He mocked the Worker’s native language; and

-       He threatened other staff in the Worker’s presence, for example, she heard him threaten the Current Colleague that he would put chilli peppers into his mouth and put his head into the garbage disposal on 29 June 2023.

The Worker initially outlined that in May 2023, she complained to the Line Manager that he was micro-managing her and that he was not following the Employer’s procedure. She outlined that his behaviour did not improve and so she submitted her complaint to the WRC on 29 June 2023, as making a further complaint was “hopeless”. The Worker later revised her position and stated that when she spoke to her Line Manager in May 2023, she “did not really make a complaint”, but spoke to him in a polite way and “chatted” with him about his behaviour. She then revised her position again and stated that she did make a complaint to him about his behaviour.

The Worker further outlined that she had no knowledge of the Employer’s grievance procedure and that she did not have management contact details in order to escalate a grievance.

Finally, the Worker outlined that she was afraid to make a complaint by herself and that she was afraid of the consequences of making a complaint.

The Worker outlined that she has brought this dispute as she wants to “protect her rights and speak up about her experience”.

The Current Colleague:

The Current Colleague outlined that he was attending to support the Worker. He outlined that the Worker never signed her contract and that “it was signed for her”. Finally, he outlined that there was nothing more for him to add.

The Worker:

The allegation concerning the Worker’s contract was immediately addressed. The Worker was referred to her contract, which showed: her electronic signature; the dates and times when she read and signed the contract; and her IP address. The Worker confirmed that she was emailed the contract. She further confirmed that she had read the contract and signed it electronically on 25 November 2021.

The Employer outlined that its “Discipline and Grievance” procedure is set out in the Worker’s contract of employment which she signed electronically on 25 November 2021. The Employer further outlined that the Employer’s Staff Handbook and Grievance Procedure are available on “Planday”, its software system. The Employer outlined that staff can also contact other members of staff, including management, via “Planday”. The Employer outlined that when a complaint is received, it has a duty of care to ensure that fair process is followed.

The Employer disputed the number of hours which the Worker alleged that she worked. The Employer outlined that the Worker worked different hours during term time and holidays.

The Employer outlined that it was not made aware of any concerns detailed in this dispute by the Worker prior to the Area Manager receiving a “WhatsApp” message from the Worker on 29 June 2023, attaching a letter of complaint – the same day as the Worker submitted her Complaint Form to the WRC.

The Employer outlined, in detail, its efforts to engage with the Worker once it was on notice of her complaint:

On 30 June 2023, the Area Manager called the Worker at 9.14am and again at 16.45 but she did not answer or return the call.

On 30 June 2023, the Area Manager received a text message from the Worker at 16.53 requesting that all communication be sent to her via email and stating that she was not willing to mediate with her Line Manager on this matter.

On 30 June 2023, the Area Manager responded by letter acknowledging receipt of the letter of complaint received via “WhatsApp”, requesting additional information regarding her complaint and explained that once received, the Employer would deal with the matter appropriately and carry out a full investigation.

On 30 June 2023, the Area Manager received an email via “Planday”, sent on the Worker’s behalf by the Current Colleague, stating that no further evidence would be provided before “WRC intervention”.

On 1 July 2023, the Worker sent an email via “Planday” to the Regional Manager stating that she and others in the workplace have been victims of their Line Manager’s bullying, discrimination and threatening behaviour.

On 3 July 2023, the Area Manager responded to the Worker by clarifying the events to date and again requesting further details around dates and times of all prior incidents to 29 June 2023.

On 4 July 2023, the Regional Manager received an email, sent on the Worker’s behalf by the Current Colleague, requesting proof of an investigation into the Line Manager. The same email outlined that this was her “final statement” to the Employer.

On 12 July 2023, the Area Manager sent a letter to the Worker regarding her absence from work and requesting a return-to-work date. The Worker was also provided with the relevant sections of the Staff Handbook.

On 15 July 2023, the Area Manager received an email, sent on the Worker’s behalf by the Current Colleague, stating that she cannot continue to work with her Line Manager until the conclusion of the investigation.

On 17 July 2023, the Employer sent a letter of acknowledgement to the Worker confirming that it had received a notification of her complaint from the WRC. The letter also outlined that without the Worker’s engagement the Employer was unable to investigate the complaint fully. The same letter enclosed a copy of the Employer’s: Equality Policy; Dignity & Respect Policy; and Section 3 of the Staff Handbook. The Employer received no response.

On 3 August 2023, the Employer sent a follow up letter to the Worker regarding her absence from work and requesting further information regarding the grievance. The Employer received no response.

On 22 August 2023, the Employer sent a further letter asking the Worker for an update regarding her absence from work and engagement in the grievance process. The Employer received no response.

On 7 September 2023, the Employer sent a further letter to the Worker stating that his refusal to engage was impeding the progress of the investigation. The Employer received no response.

The Line Manager:

The Line Manager outlined that he refutes the allegations in full. He outlined that the Worker was a “very good worker”. He outlined that they had a great working relationship. He outlined that he gave her chocolates for her birthday and that she often gave him Chinese food that she had ordered. He provided copies of “WhatsApp” messages from the Worker dated May 2023, when she told him that she was “looking forward to [him] coming back” from his holidays.  He outlined that she never made a verbal complaint to him.

The Line Manager further outlined that the Employer’s Grievance Policy is available on “Planday” and that staff can contact each other and management via “Planday”.

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

It is well established that, before submitting a grievance about any matter to the WRC, an employee

must exhaust the internal procedures at their workplace. In Gregory Geoghegan t/a TAPS v. A Worker, INT1014, the Labour Court held:

“The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”

The Worker outlined that she was bullied and harassed and that she has not worked since she submitted her Complaint Form to the WRC on 29 June 2023.

The Worker confirmed that she received her contract by email and that she read and signed it electronically on 25 November 2021. In that same contract, there is a section entitled “Discipline and Grievance”. This section refers to the Employer’s Staff Handbook and Grievance Policy and to the steps which a worker can take in order to raise and escalate a grievance. The Employer outlined that its Staff Handbook and Grievance Policy are available on “Planday”, to which the Worker has access.

The Worker was equivocal as to whether she had actually made a verbal complaint to her Line Manager in May 2023 and revised her position on this twice. The Line Manager outlined that she never made a verbal complaint. The Worker’s complaint would appear to be at odds with the “WhatsApp” messages that she sent her Line Manager, telling him that she missed him, while he was on holidays. In any event, whether the Worker did or did not make that verbal complaint, she never escalated it in accordance with the grievance policy. In the circumstances, the Worker has failed to demonstrate that she had exhausted the Employer’s grievance procedure, about which she was aware, prior to submitting her Complaint Form to the WRC on 29 June 2023.

The Worker further outlined that she could not contact management in order to raise a grievance. However, this position is undermined by the fact that she sent “WhatsApp” messages and/or emails via “Planday” to her Line Manager and Area Manager.

Finally, it is clear that despite the Employer repeatedly contacting the Worker regarding her complaint dated 29 June 2023, she has refused to engage in any meaningful way.

As it has not been shown that the internal procedures have been exhausted, I cannot insert myself into the procedural process. In the circumstances, the Worker’s dispute is without merit. I recommend that the Worker engages in a meaningful way with the Employer regarding the investigation of her complaint; and that the Worker follows the Employer’s internal grievance procedure concerning the same.

Industrial Relations Act 1969, s.13, Bullying and Harassment Procedures, Exhaust Internal Procedures.