FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : MANUS BRADY & COMPANY CHARTERED ACCOUNTANTS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Various issues.
BACKGROUND:
2. This dispute concerns the Worker's constructive dismissal claim. The Worker referred this case to the Labour Court on 15th July, 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 2nd September, 2014. The Employer declined to attend the hearing.
WORKER'S ARGUMENTS:
3. 1. The Worker was misled as to the type of position she was offered.
2. The Worker was treated in an inappropriate manner by her immediate manager.
3.The Worker should be compensated for the resulting stress and financial loss.
RECOMMENDATION:
The Court finds it regrettable that the employer declined to attend the hearing and did not avail of the opportunity to put forward its version of the events giving rise to the dispute.
There are two aspects to the Claimant’s grievance. Firstly she contends that on being recruited she was misled as to the nature of the position that was on offer. Secondly, she contends that she was spoken to inappropriately by her manager.
On the uncontested evidence before it, the Court accepts that the duties that the Claimant was expected to perform were substantially different to those indicated to her at interview. In that respect the Court accepts that the Claimant was treated unfairly and that a reasonable employer would have ensured that an employee was fully and accurately informed at the recruitment stage of what would be expected of them if they accepted the position on offer.
With regard to the second aspect of the complaint, the Court again accepts the uncontested evidence of the Claimant concerning the inappropriate manner in which she was spoken to by her immediate manager. However, the Court does not accept that it was reasonable in all the circumstances for her to leave the employment without raising her complaint formally with her employer.
The Court nevertheless believes that the Claimant should be paid compensation for the employer’s failure to properly describe the duties of the position at the recruitment stage. It recommends that the employer pay the Claimant compensation in the amount of €2,000 in full and final settlement of her claim.
Signed on behalf of the Labour Court
Kevin Duffy
10th September, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.