Case Number: ADJ-00015498. Workplace Relations Commission

• Docket Number: ADJ-00015498
• Hearing Date: 14 September 2018
• Date: 01 December 2018
• Court: Workplace Relations Commission
• Parties: An Employee V An Employer

ADJUDICATION RECOMMENDATION

Adjudication Reference: ADJ-00015498

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00020097-001	29/06/2018

Date of Adjudication Hearing: 14/09/2018

Workplace Relations Commission Adjudication Officer: Michael Ramsey

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2001 Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Background:

The Complainant is seeking adjudication by the WRC under section 13 of the of the Industrial Relations Act, 1969, and in the circumstances of this matter the Complainant alleges she was victim of bullying and harassment by her former employer (CA-00020097-001)

Summary of Complainant’s Case:

Although the Complainant was delayed upon attending this hearing, the Complainant wished to procced with the matter. The Complainant move to Ireland in or about 2007 and was employed by the Respondent as a childcare worker/housekeeper on the 26th September 2017. In particular the Complainant explained it was her professional role to assist the two children of her employer emotionally in a supportive environment and not to provide emotional care for the Respondent. The Complainant explained, in the course of her evidence, that she believed she had been bullied on a number of occasions and this included, inter alia, preventing the Complainant from babysitting opportunities. The Complainant perceived the Respondent did not appreciate her asking for a contract of employment or other supporting documentation in the course of her employment. The Complainant detailed other incidents and conversation with the Respondent that ultimately led to her leaving her employment o the 26th January 2018. The Complaint explained she believed that domestic workers and au pairs had rights too and accordingly she lodged this complaint with the WRC on the 29th June 2018

Summary of Respondent’s Case:

The Respondent did not attend and it was confirmed that the Respondents legal representative had been informed of the hearing date as of the 16th August 2018.

Findings and Conclusions:

In the circumstances of this matter, I have carefully listened to the evidenced tendered in in the course of this hearing by the Complainant. The definition of workplace bullying set out in the Code of Practice SI17/2002 is as follows:

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