A Stagehand v A Media Production Company [2019] ADJ-00017023

Keywords: Constructive Dismissal; Bullying in the Workplace; Failure to Follow Grievance Procedures

The Complainant was employed by the Respondent as a stagehand for a particular television series since 2012. In 2015, the Complainant made a formal complaint of workplace bullying following the posting of what he considered unacceptable material in public areas. The Complainant brought the issue to the attention of his line manager who then appointed an investigator to determine the issue. The findings of the investigation showed that bullying had not taken place, as the incident was a “once off”. Despite this outcome, the Respondent decided to conduct a training module on dignity at work.

The Complainant was devastated with outcome of the investigation. Following the conclusion of the investigation the Complainant was out of work for a year and a half waiting on the commencement of the next series. Eventually he was brought back to work. Soon after, he claimed he was subjected to the same behaviours from those he had previously complained about and again it impacted on his mental health. The Complainant believed that the Respondent had left him with no alternative but to terminate his employment as they had failed to adequately address the bullying issue.

The Adjudication Officer held that the complaint was not well-founded. The court noted that the Respondent did conduct an investigation into the Complainant’s first complaint and they did not have the opportunity to pursue the second complaint as he walked out of his job. Most significantly, the Adjudication Officer dismissed the claim of constructive dismissal as the Complainant failed to utilise any internal grievance procedures in place.

https://www.workplacerelations.ie/en/Cases/2019/April/%20ADJ-00017023.html