UD1479/2013

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:                                                                                                   CASE NO.

Irene Ogbulafor

-claimant                                                                                                      UD1479/2013

Against

Laois County Childcare Committee Limited

- respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:       Mr. N. Russell

Members:       Mr. J. Hennessy

Mr. P. Trehy

heard this claim at Portlaoise on 1st October 2014 and 16th December 2014

Representation:

Claimant: Mr. Paul Hutchinson BL instructed by Mr. Sean Ormonde,

Sean Ormonde & Co, Solicitors, Suite 19, The Atrium, Canada Street, Waterford

Respondent: Mr. Edward Dwyer BL instructed by Mr. Robert White, Bolger White Egan & Flanagan, Solicitors, 8 Lismard Court, Portlaoise, Co Laois

Determination

The claimant has come before the Tribunal having resigned from her position with the respondent claiming that she was unfairly dismissed. In the circumstances, the onus is on the claimant to satisfy the Tribunal that she was unfairly dismissed.

The claimant has contended before the Tribunal that she was bullied in the workplace and this was not contested by the respondent.

Accordingly, the Tribunal has concentrated on the actions of the respondent upon receipt of the claimant’s complaint.   In circumstances where an allegation of bullying is made an employer is obliged to act expeditiously.   The Tribunal is particularly interested in what, if anything, the respondent did from the end of April 2013 to the 13^th July 2013 when the claimant went on annual vacation.

The respondent suggested to the Tribunal that this was a relatively short period; however, the Tribunal feels that such a generalisation is not appropriate in the context of an allegation of bullying.   What effect would the passage of such a period without meaningful action on the part of an employer have on a reasonable employee in such circumstances?   The Tribunal is particularly concerned that the claimant’s clear cry for help in her e-mail of the 11^th of June 2013 does not seem to have elicited any meaningful action on the part of the respondent.

The Tribunal is sorry to say that it is of the opinion that the respondent failed the claimant.   There was no investigation of the claimant’s allegations and the respondent’s attention seems to have been diverted by the threaten of legal action by the party against whom the claimant had made allegations and this, in turn, seems to have resulted in a failure to act on the claimant’s allegations.   The initiation of mediation came far too late and was not, in any event, a substitute for proper and speedy investigation of the complaints.   Indeed, Mr. B, the proposed mediator, was quickly able to establish that mediation was not an appropriate response in this instance.

The claimant had first raised her grievance in early April. She reduced to writing by the end of April.   She clearly communicated her distress on the 11^th of June 2013. However, the respondent took no meaningful action.   In such circumstances the respondent failed in a fundamental duty to the claimant and the claimant could not have been expected to have faith and trust in the relationship going forward. In all of the circumstances, the Tribunal, by a majority, is of the opinion that it was reasonable of the claimant to resign from her position and consider herself constructively dismissed.   The Tribunal awards the claimant the sum of €9,500 under the Unfair Dismissals Acts, 1977 to 2007.   The Tribunal, in measuring its award, is reflecting its view that the claimant might have done more to mitigate her losses.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)