FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : JAMES A. BARRY & CO. T/A COSTCUTTERS (REPRESENTED BY TOM SMYTH & ASSOCIATES) - AND - A WORKER (REPRESENTED BY MALCOMSON LAW SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Compensation
BACKGROUND:
2. The worker commenced employment as a shop assistant at 16 years of age on a part-time basis. She was employed with the Company for a total of 9 months. She became a full time employee in June 2002. A number of incidents took place during the course of the worker's employment (details supplied to the Court). A sum of money went missing (€120) when the worker left her till in the staff canteen after her shift finished. The Manager informed the worker that she now owed €170 (€52 till short, plus €120 which went missing). The worker claims that the Manager had accused her of stealing this money. The worker left the employment after this particular incident and is seeking compensation for constructive dismissal.
The worker's solicitor referred the claim to the Labour Court on the 10th July, 2003 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 30th October, 2003, the earliest date suitable to the parties.
WORKER'S ARGUMENTS:
3.1 The worker was subjected to intimidation and bullying by a senior member of staff.
2. The Company had no grievance procedures or preventative measures in place to redress the bullying that the worker suffered.
3. The worker was not afforded fair procedure to address the accusation of stealing money.
COMPANY'S ARGUMENTS:
4.1 The allegations made are an unwarranted attack on the person involved both as an individual and as a manager.
2 The worker commenced employment on a part-time basis. Her hours were increased by her manager whom she subsequently accuses of bullying and assaulting her.
3. She walked off the job when spoken to in relation to hygiene requirements. She was taken back by the same Manager.
4. She claims that the entire matter culminated when the manager accused her of stealing. It was another manager who was carrying out the investigation.
5. The Company has every right to investigate the loss of the money and the circumstances of that loss.
RECOMMENDATION:
The store manager acknowledged that he had told the claimant that she would be required to repay the amount of money which had gone missing. He told the Court that he had made this remark in order to frighten her into being more careful in future. Having regard to the claimant's age and lack of experience, the Court is satisfied that what was said was likely to be interpreted by her as an insinuation that she had taken the money. This was wholly inappropriate and caused the claimant to leave the employment in circumstances amounting to a constructive dismissal.
Having regard to all the circumstances of the case, the Court recommends that the employer should pay the claimant compensation in the amount of €4,500 in full and final settlement of her claim.
Signed on behalf of the Labour Court
Kevin Duffy
17th November, 2003______________________
JB/Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.