EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Brygida Jarzab UD1188/2012
Against
OCS One Complete Solution Limited
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Lucey
Members: Mr D. Hegarty
Mr O. Wills
heard this claim at Cork on 9th January 2014
Representation:
Claimant:
The claimant in person
Respondent:
Mr Damian Cahill, IBEC, Knockrea House, Douglas Road, Cork
Claimant’s case:
The claimant commenced employment as a cleaner with the respondent on 9th February 2009 and resigned by way of letter dated 25th January 2012. The reason for the claimant resigning was that she could not continue to work with a colleague about whom she had complained to the respondent. There was some personal animosity between the claimant and this colleague which spilt over into the work place.
It was acknowledged by the claimant and her daughter that the respondent offered to reschedule the claimant’s hours so as to avoid working with her colleague. The respondent also offered mediation to both employees. However the claimant would not accept either of these options and felt that the proper solution would have been to transfer the claimant to another building or dismiss her colleague.
Respondent’s case
The Service Manager (JB) for the respondent became aware of inter personal difficulties between the claimant and another employee shortly before Christmas 2011. JB met with the claimant before Christmas and hoped that matters would resolve themselves during the holidays. However the difficulties continued into January 2012 and JB met with the claimant and the other employee on 17th January 2012. JB proposed rescheduling both employees so as they would not be in work at the same time and also offered them access to mediation. The claimant would not accept rescheduling and would not engage in mediation even though her colleague would. The day after the meeting the claimant asked JB if she had dismissed the claimant’s colleague and JB told her that she had not. The respondent could not reassign the claimant to another site because the employees of the only other site in the locality were full time and the claimant was part time.
The respondent’s position was that they did everything they could do to resolve the situation and retain the claimant but nothing they offered was good enough for the claimant and she resigned of her own volition.
Determination:
Having carefully considered the evidence adduced at the hearing the Tribunal finds that the claimant was not dismissed, constructively or otherwise, by the respondent but that she resigned of her own volition.
The Tribunal is satisfied that the respondent invoked fair procedures in dealing with the grievance raised by the claimant with regard to her colleague. The respondent offered fair and reasonable solutions to a difficult situation but the claimant was unreasonable in her approach and chose to resign from her employment.
Accordingly this claim under the Unfair Dismissals Acts 1977 to 2007 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)