Worker

Employer

Anonymised Parties

A Waitress

A Café /Restauurant

Representatives

  The claimant represented herself

The respondent did not attend and was not represented at the hearing

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 - 00000869

25/05/2022

The claimant was employed as a waitress with the respondent from the 17.12.2020 to the 21st.Dec. 2021 when she alleges she was unfairly dismissed.The claimant pursued a complaint under the Unfair Dismissals Act which was received by the WRC on the 25th.May 2022.A further complaint of harassment was received by the WRC on the 4th.July 2022.I am satisfied that the respondent was afforded an opportunity to object to an investigation of the complaint under the Industrial Relations Act  on the 22nd.February 2023.At  the hearing under the Unfair Dismissals Act on the 7th.June 2023 , the respondent advised that he and the respondent  would not be participating in  a   hearing under the Industrial Relations Act

The claimant advised that she was not furnished with a contract of employment until Dec.21st.2021 – the following day she was furnished with the company’s handbook.The claimant submitted that she was the subject of bullying and harassment from the commencement of her employment .She said she was humiliated and would cry in her car. The claimant said the conditions she agreed at interview when she was recruited changed over time in relation to rosters – originally she was to work a five day week – Mon-Fri. Without asking her , she was moved to Tuesday – Saturday and some months later she was changed back to Mon- Fri. The claimant said the attitude of the respondent was demeaning – she would be snapped at in front of customers and staff and the respondent would stop talking to her. The claimant said she did not complain about this attitude until the day the respondent fired her. She recounted an incident where she cut her hand and was offered no assistance. According to the claimant the customers heard everything. The claimant said the atmosphere was consistently hostile and as a result she did not avail of lunch on site. The claimant said she was always polite to the respondent – she said she was so stressed at work. The claimant said when she returned to work after Covid she was the only member of staff who had to fill out a back to work form. The claimant said she was given a warning about going off sick as it might impact on the employer’s holidays. The claimant said she was berated in front of customers The claimant said that the respondent did acknowledge and apologise for her treatment of her when she raised the matter on the day she was fired .

The respondent did not attend and was not represented at the hearing

On  the basis of the uncontested evidence of the complainant , I am upholding the complaint. However , by the claimant’s own admission , she did not raise her issues regarding harassment until the day her employment was terminated. The matter should have been drawn to the attention of the employer by the claimant. Not withstanding this  , I am taking into account the claimant’s assertion  that she  was not furnished with a contract or employee handbook until the end of her employment .The matter of bullying and harassment  and the relevant procedures for dealing with such complaints are detailed in the staff handbook. In all of the circumstances , I recommend in full and final  settlement of this dispute that the respondent pay the claimant a sum of €650 compensation for failing to furnish her with the procedures which would have enabled the claimant to articulate her grievances with the manner in which she was being treated and afford the respondent an opportunity to resolve the matter. Payment should be made within 2 weeks of the date of this recommendation.