FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CONDUIT ENTERPRISES LIMITED - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Constructive Dismissal
BACKGROUND:
2. This case concerns a dispute between the Company and the worker in relation to a claim for Constructive Dismissal. The worker claims that he experienced difficulties with members of staff on his team who were alleged to have made derogatory remarks to him at a staff meeting. The worker contacted the HR Department to formally raise the issue but did not speak to anyone at that time. The worker contends that the seriousness of the comments made to him, and his inability to contact Management in relation to his difficulties, necessitated his immediate resignation.
Management contends that the worker resigned immediately and did so prior to allowing Management to investigate his complaints. In those circumstances it is not accepted that the worker had no option but to resign and that a constructive dismissal had occurred.
The worker referred the matter to the Labour Court on 11th August 2014 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 1st October 2014.
WORKER'S ARGUMENT:
3 1 The worker was treated badly by staff members on his team which he considers to have been incidents of Bullying and Harassment. He attempted to raise the issue with Management but was unable to speak with them. He then felt that he had no option but to immediately resign from his position.
COMPANY'S ARGUMENT:
4 1 The worker resigned prior to raising his grievances with Management and affording them time to carry out a thorough investigation. Management contends that the worker tendered his resignation prematurely and that a Constructive Dismissal did not occur.
RECOMMENDATION:
The complaint before the Court was brought by the worker under Section 20 (i) of the Industrial Relations Act, 1969 concerning a claim of constructive dismissal.
The Claimant commenced employment with Conduit Enterprises Limited as a Sales Team Leader on 9thJune 2014 and resigned from his position on 1stJuly 2014. The Claimant submitted to the Court that he had no option but to resign his employment after his employer failed to deal with complaints made regarding a meeting held on the morning of 1stJuly 2014 when he alleges that derogatory comments were made to him by employees in his Team.
The Claimant indicated that prior to the meeting of the 1stJuly 2014 he had sought assistance from his Manager regarding a difficulty he had with one of the employees in his Team. He was given assistance. However, following the meeting of 1stJuly 2014, when he reported the difficulties he encountered at the meeting, his Manager referred him to HR. When he could not get to speak to the HR Manager, he sent an email that day handing in his notice of resignation.
In defence of the claim, Management stated that as the Claimant issued notice of his resignation prior to raising the matter with it, it was not possible to deal with his grievance before he made the decision to resign. Despite this Management did proceed to deal with his grievance and carried out an investigation into the matter.
Having considered the written and oral submissions of both parties the Court is of the view that there is no doubt that the Claimant encountered difficulties in managing his team for which he sought assistance, however when these difficulties escalated the Claimant reacted without giving Management an opportunity to respond. Therefore the Court finds that the Claimant’s resignation in all the circumstances was premature and did not meet the standards required to find that a constructive dismissal had taken place.
Accordingly, the Court does not uphold the Claimant’s claim that he was unfairly dismissed.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th October 2014______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.