UD669/2012

EMPLOYMENT APPEALS TRIBUNAL

UNFAIR DISMISSALS ACTS, 1977 TO 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms M. Levey BL

Members:     Mr J. Goulding

                     Mr S O’Donnell

heard these appeals at Dublin on 14^th October 2013

Representation:

Claimant:           

Respondent:    No appearance or representation

The determination of the Tribunal was as follows: -

The Tribunal is satisfied that the respondent was properly on notice of the hearing.

Claimant’s Case

The claimant gave evidence. He started working for the respondent in June 2007. He liked his job and had worked hard. There were no issues until late 2010 when a technician was promoted to the position of technical manager. The new technical manager had an overnight change of personality, becoming bad tempered and as a result relationships became frosty.

There were a number of occasions when the claimant was on the receiving end of the technical manager’s erratic temperament before the incident that led to the termination of his employment. The technical manager is a big man and is physically intimidating.

On the claimant’s last day at work the technical manager stormed into the shop where the claimant and his colleague were working. The technical manager lifted the colleague by the arm out of his chair and roared at him. The claimant was frightened and turned away. The technical manager grabbed his shoulder and spun him around and demanded that he not make a complaint. The claimant replied that he did not complain merely answered questions. The technical manager pulled the claimant closer and told him to leave.

The claimant left the shop but the technical manager followed him. The technical manager grabbed the claimant by the neck. The claimant told him that he was just working his way through college. The claimant was in a state of shock, his shirt was torn, his hand was bruised and there were marks on his neck. The claimant phoned a senior manager and told him what had happened.

The claimant arranged to collect his jacket from his colleague and returned his keys to the shop. There followed a series of meetings with the shop manager and other senior managers. The claimant was offered a transfer to a shop that was very far from his home so he could not accept it. The outcome of the meetings was that the claimant was given a written warning but no arrangements were made for him to return to a safe working environment. He had no choice but to resign his position.

The claimant established loss for the Tribunal.

Determination

Based on the uncontested evidence of the claimant the Tribunal finds that he was constructively dismissed. A series of incidents occurred involving the claimant and the technical manager and the respondent failed in its responsibility to the claimant by not responding adequately.

The claimant is awarded the sum of €9000.00 under the Unfair Dismissals Acts, 1977 to 2007.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)