FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GOURMET TART CO LTD - AND - A WORKER (REPRESENTED BY VIKTOR KALMAR) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Compensation.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was constructively dismissed. The Worker referred this case to the Labour Court on 9th February, 2012, 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 2nd May, 2014.
WORKER'S ARGUMENTS:
3. 1. The Worker was treated in a disrespectful and aggressive manner by both another member of staff.
2. The Worker brought this to the attention of the Company.
3.The Company's failure to deal with this matter left the Worker with no alternative but to resign.
COMPANY'S ARGUMENTS:
4. 1. The Worker was a valued and hard-working member of staff.
2. The Company is satisfied that it addressed the Worker's concerns.
3. The Worker failed to exhaust all of the grievance procedures before deciding to resign.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court does not recommend concession of the Worker’s claim.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.