Worker

Employer

Anonymised Parties

A Restaurant Server

A Restaurant

Representatives

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 - 00001968

09/11/2023

The worker submits that the employer used abusive and degrading language and she had to resign her position.

The worker commenced employment on 20/09/2023 and she resigned her position 09/11/23.  She submits that Mr A used abusive, condescending and intentionally degrading language including 'Are you stupid?' 'Can't you think?' 'You're a dummy'. She said this demeaning, condescending and unsatisfactory language was used to belittle and degrade her and she asked another manager to tell Mr A to stop.  She said this behaviour is unacceptable anywhere and by anyone and she had to resign.  She said there was one occasion she served alcohol early on a Sunday morning but she did not know that she could not do that and she was berated for this and that on another occasions a customer wanted a baked potato and Mr A was abusive about that. 

Mr A said the worker had not received training in the law regarding serving alcohol but he would have expected her to know the laws in Ireland as she is an experienced server.  He was very annoyed about her serving alcohol on a Sunday morning as it could have serious repercussions for his business.  He also said that employees know that they should not go outside the menu but the worker did and he felt frustrated with her.  He denied that he ever used words such as “dummy” or anything like that.  He treats employees well and creates a positive work environment.  He accepted that the worker did not have terms and conditions of employment and that no bullying and harassment policy existed.

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

I note that the worker commenced employment on 20/09/23 and her employment ended when she left on 09/11/23.  I also note that parties appeared to have a good working relationship up until 05/11/23 when the worker served alcohol on a Sunday morning.  There appears to be a conflict in terms of what was actually said but I note and can understand the employer’s frustration with what occurred, I also note that the worker had not been trained up in the rules of serving alcohol  It is also notable that the worker did not have terms and conditions of employment and there was no bullying and harassment policy in place. 

Taking into consideration all the circumstances of this dispute I recommend that:

The employer ensure that all workers have appropriate terms and conditions of employment.

The employer ensures that workers have relevant policies and procedures in place including a bullying and harassment (dignity at work) policy.

Taking into consideration that if appropriate policies had been in place the dispute may not have arisen, I award the worker €200 for the upset caused.

Taking into consideration all the circumstances of this dispute I recommend that:

The employer ensure that all workers have appropriate terms and conditions of employment.

The employer ensures that workers have relevant policies and procedures in place including a bullying and harassment (dignity at work) policy.

Taking into consideration that if appropriate policies had been in place the dispute may not have arisen, I award the worker €200 for the upset caused.

Bullying and harassment