Worker

Employer

Anonymised Parties

A Worker

A Company

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 - 00001785

15/01/2022

The worker was employed from 23rd July 2021 in a customer facing role. After 5 weeks, she was moved to another area of the business due to her lack of fluency with the English language. Even though she was employed on part-time hours she was seeking an increase in hours around this time. She made a complaint about her supervisor shortly after this move as she felt she had been pushed out of an area where she enjoyed the work. Discussions on the complaint took place internally and as matters were not resolved, the worker resigned on 16th November 2021. Subsequent to her resignation, she made a formal complaint to the Human Resources Department. An investigation took place in December 2021 which did not corroborate the complaints made. The worker was offered mediation and an offer to return to employment on 35-39 hours per week. The worker did not return to employment and made a complaint to the WRC. 

The worker felt that she was not treated fairly, particularly over the first 5 weeks of her employment. Although she enjoyed the work, she felt that she should not have been moved particularly as she had done nothing wrong. She felt that her move was looked upon by colleagues as resulting from mistakes she had made. Although she made a complaint to her local supervisor with a view to resolving the matter, she felt that her issues were not taken seriously. She could not continue to work and resigned although then made a formal complaint to the Human Resources Department. She was not satisfied with the investigation outcome and particularly the offer to return to the same working environment albeit with increased hours. 

The company outlined how they dealt with the complaints under the agreed procedures. The formal investigation did not corroborate the complaints made although they were in a position to offer increased hours to the worker if she returned. There was also an offer of mediation and the Human Resources Department offered further assistance, if requested.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I have also examined the internal company procedures along with S.I No 674/2020, Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work.

I explained to the parties that my role in this type of dispute was not to re-investigate the complaints. My role is to enquire into matters to ensure that appropriate procedures and due process was afforded to the worker. Although the company followed the procedures in place and subsequently offered support to the worker, there was no appeal process made available to the worker. The company did take the complaints seriously as a senior staff member investigated the complaints. However, maybe due to the seniority of the investigator, this was deemed to be the end of the process.

I recommend that the company should pay the worker compensation of €2,500, in full and final settlement. 

Complaints, procedures