Labour Court Database __________________________________________________________________________________ File Number: CD92595 Case Number: LCR13839 Section / Act: S20(1) Parties: RIVERVIEW RACQUET AND FITNESS CLUB - and - A WORKER |
Alleged constructive dismissal.
Recommendation:
4. The Court considered the views expressed by the complainant in
her oral and written submissions, together with correspondence
from the employer. The employer did not attend the Court.
It is the view of the Court that employees should have a work
environment free from physical harassment, and in which problems
can be addressed in a calm and structured, and dignified manner.
The Court finds, in this case, that the complainant was treated in
an unacceptable manner. The Court recommends that she receive an
apology for the way in which she was treated and that she be
compensated in the amount of #1,000.
The Court so decides.
Division: MrMcGrath Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD92595 RECOMMENDATION NO. LCR13839
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: RIVERVIEW RACQUET AND FITNESS CLUB
and
A WORKER
SUBJECT:
1. Alleged constructive dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Club on
24th April, 1992, as a restaurant manager. On 12th June, 1992,
the worker was asked by a senior member of management to organise
the removal of a large coat-rail from the restaurant. When the
maintenance staff was unavailable to remove the coat-rail, the
worker concerned approached the general manager of the Club and
asked him if he would remove the coat-rail. The general manager
removed the coat-rail. The worker claims that after a lapse of 30
minutes she was called aside by the general manager. He became
agitated and raised his voice indicating he resented being asked
to remove the coat-rail. When the worker attempted to return to
the restaurant the general manager grabbed her arm, attempting to
restrain her. When she walked away he followed her and again laid
hands on her, spinning her around. As a result of what happened
the worker was forced to leave her employment. The Club rejected
the claims. The worker referred the matter to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969 and
agreed to be bound by the Court's Recommendation. The Court
hearing took place on 20th October, 1992. The Club by letter
dated 19th October, 1992, informed the Court that it would not be
present at the hearing.
WORKER'S ARGUMENTS:
3. 1. On several occasions during the period of the worker's
employment, a senior member of management expressed
satisfaction with the manner in which she carried out her
duties.
2. The worker was forced to terminate her employment because
of the treatment meted out to her by the general manager.
3. The worker had never experienced such conduct as displayed
by the general manager on 12th June, 1992. As a result of
this conduct the worker was in a state of shock and promptly
left the premises.
4. Following the incident the worker was in a distraught
state. She was under medical care for several weeks. Her
doctor felt she was totally incapable of returning to work at
the Club and strongly advised her to think about her future.
5. No worker should be subjected to such degrading and
disgraceful treatment.
RECOMMENDATION:
4. The Court considered the views expressed by the complainant in
her oral and written submissions, together with correspondence
from the employer. The employer did not attend the Court.
It is the view of the Court that employees should have a work
environment free from physical harassment, and in which problems
can be addressed in a calm and structured, and dignified manner.
The Court finds, in this case, that the complainant was treated in
an unacceptable manner. The Court recommends that she receive an
apology for the way in which she was treated and that she be
compensated in the amount of #1,000.
The Court so decides.
~
Signed on behalf of the Labour Court
Tom McGrath
___________________
10th November, 1992. Deputy Chairman.
F.B./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.