Worker

Employer

Anonymised Parties

A Worker

A Management Services Company

Representatives

  Self-represented

IBEC

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 - 00002022

28/11/2023

The Worker commenced employment on 1 November 2023. He resigned on 15 November 2023. He alleges that he was subjected to a ‘prank’ on the second day of his employment. The Worker is seeking an apology from the person who did the alleged ‘prank’ and other workers who allegedly laughed at the ‘prank’.

The Worker described the ‘prank’ he was subjected to on the second day of his employment. The following week he resigned and reported the incident to HR. Two members of the HR team met with the Worker. HR took his complaint very seriously and committed to dealing with it. They asked the Worker if he would remain with the Employer. Two alternative employment options were discussed. The first would require him to cross paths on occasion with the worker who had committed the ‘prank’ on him. The other position was too far for the Worker to commute. The Worker resigned on 15 November 2023 as he could not cross paths with the worker who had subjected him to this inappropriate behaviour. HR apologised to the Worker. The Worker appreciated this but he wanted an apology from the worker who had committed the ‘prank’ on him and the other workers in the office who laughed at what happened.

The Employer presented a written submission. The Worker phoned the HR Department on 15 November 2023 to inform the Employer that he was resigning and why. HR took the alleged complaint seriously. Two members of the HR team met with the Worker the following day and advised him of his informal and formal complaint options under the Grievance Procedure. They discussed with the Worker the option of re-assigning the Worker to a different geographical area. The Worker did not invoke the Grievance Procedure. HR followed up with the Worker on 17 November 2023 but the Worker did not retract his resignation or utilise the Grievance Procedure. The Employer conducted a full investigation into the allegations raised by the Worker. The Employer cannot compel workers to apologise.

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

The Employer did all that could be expected of it in the circumstances. The Worker was provided with the Grievance Procedure on commencement of employment. On hearing the allegations, HR did not delay in meeting the Worker. He was asked to retract his resignation. HR committed to investigating the matter. Alternative employment options were discussed. The Worker was highly complimentary of HR (and of many other workers he met in his brief time with the Employer). I agree that the Employer cannot compel those allegedly involved to give an apology to the Worker. HR did apologise but I appreciate that this was not the same for the Worker. I fully appreciate the Worker’s submission that making a complaint to HR was a hard thing to do given he had only joined the company. He deliberated on it for over a week. The Worker should be commended for having the courage to call out what he saw as inappropriate conduct. 

For the reasons set out above, I do not recommend in favour of the Worker with respect to his request for an apology.

Alleged bullying.