FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER DIVISION : Chairman: Employer Member: Worker Member: |
1. Alleged constructive dismissal.
BACKGROUND:
2. The worker concerned commenced employment at one of the Company's outlets in Co. Kildare in February 1992. She left the employment in June 1994. The worker claimed that, because of the treatment she received while in the employment, she was constructively dismissed. In June 1996 the worker referred the dispute 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 investigated the dispute on the 1st July 1996. The Company declined an invitation to attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The employee concerned worked in the delicatessen section as a sales assistant. She complained to Management on a number of occasions about being bullied. She also complained about other workers, junior to her, receiving more hours per week.
2. The worker was subsequently moved to the shop floor and her hours were reduced to eleven per week. Although disagreeing with the move the worker did so to facilitate other workers.
3. The worker found that Management adopted a hostile attitude to her. She walked out of the employment, complained through her Solicitor to the Company about her treatment but was subsequently reinstated. The Company kept reducing her hours and she found this intolerable. As working in the employment was impacting on her health she was left with no alternative but to leave the employment.
RECOMMENDATION:
The Court finds no evidence to support the claim of constructive dismissal. However, it is unclear to the Court as to the final employment situation of the claimant. The Court would recommend to the claimant that she approach her Union to clarify this situation.
Signed on behalf of the Labour Court
Finbarr Flood
12th July, 1996______________________
T.O'D./S.G.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.