UD1699/2012, WT407/2012, MN955/2012

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                          CASE NO.

Veronica Smyth

UD1699/2012

WT407/2012

                                                                                                                            MN955/2012

against

Ard Services Limited

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005

ORGANISATION OF WORKING TIME ACT, 1997

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms M. McAveety

Members:     Mr R. Murphy

                    Mr J. Moore

heard this claim at Cavan on 14th April 2014

Representation:

_______________

Claimant:         Garrett J Fortune & Co, Solicitors, 11 Church View, Cavan

Respondent:     IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2

This matter came before the Tribunal by way of a claim of constructive dismissal. A TIA was received by the Tribunal dated 15^th November 2012. The respondent told the Tribunal that the claimant was still on the books. The manager of the store in question received a text from the claimant on 29^th June 2012 saying that she would not be able to attend for work as rostered the next day. The claimant continued to send sick certificates to her employer to October 2013.

The question for the Tribunal was whether the claimant left her employment in circumstances in which, because of the conduct of her employer, it was reasonable for the claimant to terminate her Contract of Employment.  

The Tribunal is satisfied based on the claimant’s own admission that she received a copy of the company handbook which contains the procedures to be followed in respect of any grievances an employee may have. She continued to send medical certificates to her employer long after an Unfair Dismissals claim had been taken. The Tribunal also notes that the claimant did not raise any concerns or formal grievance with the company’s Human Resource department or engage in any formal process.

The Tribunal has found nothing in the employer’s conduct to be of sufficient seriousness as would entitle the claimant to leave of her own volition and then claim that she had been unfairly dismissed.  

The claimant has not succeeded in meeting the onus which is on her to establish that she was constructively dismissed. Accordingly the claims under the Unfair Dismissals Acts 1977 to 2007, the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Organisation of Working Time Act, 1997 must fail.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)