Background:

The Complainant commenced employment with the Respondent on 19th October 2021. The issue in contention was alleged bullying and harassment of the Complainant by a Department Store manager. The Complainant alleged the processing of the grievance was not handled in a reasonable timeframe.

The Complainant submitted he was subjected to an assault from a manager in the Respondent’s Department Store on 5th November 2021. He had followed the correct internal procedures to have the matter resolved.  The Complainant felt as though his case was not taken seriously and was subjected to a “pass the parcel” routine.

Following the initial complaint, the Complainant had been moved to another department. The Respondent seemed to have believed this had resolved the issue. CCTV footage that was pivotal to the Complainant’s case went missing. As a result of the Respondent’s inaction, the Complainant felt he had no other alternative but to bring the matter before the WRC.

The Respondent highlighted the incident of 5th November 2021 had been fully investigated, and a full outcome followed which was not in the Complainant’s favour. The Complainant appealed this decision, and the appeal was found in the employer’s favour.

The Adjudication Officer stated the issues in contention, a physical assault, were serious in any employment context. There did not appear to be any physical injuries and no interruptions to the retail business on the day it took place.  The Adjudication Officer stated the delay was most unwelcome. However, on review of all the evidence, the delay was not so grievous as to alter the outcome in any significant manner.

Outcome:

The Adjudication officer recommended that the Respondent make a charitable donation of €500 to a charity to be nominated by the Complainant.

Practical Guidance for Employers:

Employers should adhere to their own HR policies when investigating a grievance. It is important that employers act quickly when investigating a complaint. This is to ensure there is no delay in justice being administered.

The full case is here:
https://www.workplacerelations.ie/en/cases/2023/march/adj-00038877.html