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 - 00001495

29/06/2023

The Worker has been employed by the Employer since October 2021 as a Sushi Chef. The Worker outlined that he was bullied and harassed by his Line Manager and that he has not worked since 29 June 2023, when he submitted his Complaint Form to the WRC. The Worker outlined in his 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 his 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 he worked approximately 20 hours per week, earning €11.70 gross per hour. The Worker outlined that at all times, he acted in accordance with his contract and that he did his work. He outlined that he had been bullied and harassed by his Line Manager. The Worker made numerous allegations against his Line Manager, such as:

-       He mocked the Worker’s native language;

-       He told the Worker that he “could not do anything right”;

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

-       He invaded the Worker’s privacy and damaged his reputation;

-       He threatened that he would put chilli peppers into the Worker’s mouth and put his head into the garbage disposal on 29 June 2023;

-       He threatened to reduce the Worker’s hours;

-       He “manipulated [the Worker’s] contractual rights”;

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

-       He imposes strict and unnecessary rules; and

-       He caused discord amongst the workers.

The Worker further outlined that he had exhausted the internal grievance procedure. He said that he sent the Regional Manager two “WhatsApp” messages – one in January / February 2023 and one in June 2023 but received no response. The Worker outlined that he then sent a complaint via “WhatsApp” to the Area Manager on 29 June 2023 – the same day on which he submitted his Complaint Form to the WRC.

The Worker confirmed that he had a copy of his contract which he signed electronically on 25 November 2021 and that he had read the section entitled “Discipline and Grievance”. He outlined that he has no contact details for management and that he is unable to use the email function in “Planday”, the Employer’s software system, in order to raise a grievance. He further outlined that the Employer “covers up” for the Line Manager.

The Worker concluded that he wants compensation and an explanation from the Employer.

The Worker’s Former Colleague:

The Worker’s former colleague outlined that he worked for the Employer from May to August 2022. He outlined that he did not witness all incidents outlined by the Worker (above). He outlined that the Line Manager mocked workers speaking in their native language and that the Line Manager did not follow company procedure.

The Employer outlined that its “Discipline and Grievance” procedure is set out in the Worker’s contract of employment which he 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 confirmed that the Regional Manager had been contacted by the Worker in February 2023 in relation to another matter concerning another member of staff.

The Employer outlined that it was not made aware of any concerns set out 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 his Complaint Form to the WRC.

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

On 30 June 2023, the Area Manager called the Worker at 09.17 and again at 16.44 but he did not answer or return the call.

On 30 June 2023, the Area Manager received a text message from the Worker at 17.09 stating that he was unable to communicate orally, requesting that she email him and informing her that he was not willing to mediate with his Line Manager on this matter.

On 30 June 2023, the Area Manager responded by letter acknowledging receipt of the letter of complaint, requesting additional information regarding his 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 a reply from the Worker via “Planday”. The Worker outlined the bullying incident that allegedly took place on 29 June 2023. The Worker also stated that he did not report this matter as he had previously reported similar bullying incidents to an Area Manager but did not receive a satisfactory response. That same day, the Worker sent a further email to the Area Manager via “Planday” in which he stated that he would not provide further evidence before “WRC intervention”.

On 1 July 2023, the Worker sent an email via “Planday” to the Regional Manager stating that he 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 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 Worker responded and requested proof of an investigation into the Line Manager. He further stated that this was his “final statement” to the Employer.

On 12 July 2023, the Area Manager sent a letter to the Worker regarding his 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 Worker sent an email to the Employer stating that he cannot continue to work with his 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 his 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 his 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 his 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 he had a great working relationship with the Worker and that they never argued. He outlined that the complaint had come as a shock to him. He outlined that he did not know why the Worker had brought this complaint against 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”.

The Area Manager:

The Area Manager outlined that she held her position since March 2023. She outlined that she did not receive a complaint from the Worker until 29 June 2023. She outlined that she visits the workplace approximately twice per month and that she has not received any complaints regarding the Line Manager. She outlined that the Employer welcomes a diverse workforce. She further outlined that food safety compliance is extremely important to the Employer.

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 he was bullied and harassed and that he has not worked since he submitted his Complaint Form to the WRC on 29 June 2023.

The Worker confirmed that he had a copy of his contract which he signed electronically on 25 November 2021 and that he had read the 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 further outlined that its Staff Handbook and Grievance Policy are available on “Planday”, to which the Worker has access.

The Worker outlined that he had exhausted the internal grievance procedure. He said that he sent the Regional Manager two “WhatsApp” messages – one in January / February 2023 and one in June 2023 but received no response. The Worker did not provide copies of these messages, despite submitting extensive documentation. While the Employer confirmed that the Regional Manager had been contacted by the Worker in February 2023, the Employer outlined that this communication concerned another matter and another member of staff. The Employer further outlined that it was not made aware of any concerns set out 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 his Complaint Form to the WRC. In the circumstances, the Worker has failed to demonstrate that he had exhausted the Employer’s grievance procedure, about which he was aware, prior to submitting his Complaint Form to the WRC on 29 June 2023.

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

Finally, it is clear that despite the Employer repeatedly contacting the Worker regarding his complaint dated 29 June 2023, he 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 his 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.