Worker

Employer

Anonymised Parties

Accounts administrator

Service Facilities Provider

Representatives

 Self

 Mary Kirwan

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 - 00002485

11/04/2024

This dispute is linked to a complaint of constructive dismissal which was the subject of a full hearing. On the IR dispute form the worker stated ’bullying procedures’. Following the hearing of the UD complaint, the worker was invited to elaborate on the basis of the IR dispute which she provided in a submission on 13 August 2024. The Employer was invited to respond which they did on 18 September 2024.

In her submission, the worker referred to incidents in the employment in August and November 2023  and a date in December for which no year is specified. She referred to bullies and the effect of the behaviours she described on her self-esteem. The worker named two of the most senior managers as those who had engaged in bullying behaviour.

The worker commenced employment on 14 February 2021. Her resignation was effective from 14 December 2023.

In response to the workers submission the employer submitted that they take all complaints very seriously. There is a staff handbook which contains a detailed anti bullying policy and procedure. The employer then addressed each of the incidents described by the worker in her submission. No issue was raised by the worker. She was fully aware of the company polies including a grievance procedure. That procedure provided that in a last resort situation it might be necessary to appoint an external person to investigate a grievance. All legal requirements were complied with.

It is not the role of the WRC to directly investigate allegations of bullying. The role of an Adjudication Officer in these disputes is limited for the most part to situations where complaints were not investigated or not investigated in a timely manner or there was no procedure in place in the employment and no means of raising a grievance.  If a worker feels they are or were the subject of  bullying in the workplace they are obliged to make that complaint internally in the first instance. If they concerns about making inquiries about how to make a complaint, there are free sources of advice such as the WRC. Recognising that a complaint in circumstances where the most senior managers of the employment are the source of the offending behaviours is not an easy one to pursue, nonetheless that obligation of letting the employer know of the issue and seeking either to resolve or have it investigated lies with the worker in the first instance and internally, not to the WRC. I am satisfied the Employer had policies in place to cover the possibility of complaints grievances and I am equally satisfied that as the worker did not raise any issue during her employment she has no valid basis for raising a dispute post her resignation. It should be noted that most of the same issues as contained in the detail of the dispute were referenced by the Complainant at the hearing of her complaint of unfair dismissal.