ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000217

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 12/01/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977,] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The Claimant commenced employment with Respondent in May 2012. Initially all went very well.

At the end of 2014 the Complainant felt that he had received an alleged unfair performance/appraisal   review from his superiors. In February 2015 he lodged a formal complaint in regard to the review process.

The Employer response /outcome of the process was not satisfactory to the Complainant and he tendered his resignation in February 2015.

He was asked to reconsider his decision and he agreed to do so.

The HR Resources Manager undertook to address the difficulties the Complaint was alleging – specifically the undermining of the Complainant’s work, the inconsistent application of procedures and unjustified levels of criticism by the Departmental Head.

Discussions took place between the major parties involved culminating in a Business Lunch to seek a resolution of issues.

However work difficulties continued and a performance review took place on the 25^th June 2015. The Complaint found this review most unsatisfactory with no regard being given, he felt, to his points of view.

Following this meeting the Complainant wrote a detailed letter of resignation on the 25^th June 2015 ending his employment with the Company.

In an Exit Interview /Questionnaire in June 2015 he raised a number of complaint s of Bullying against his superior Ms.G. Following the intervention of the Employer’s HR Dept. this was formalised by a formal complaint under Company procedures being made on the 18^th August 2015.

The Complainant made a claim of Constructive Dismissal on the 15^th October 2015.

Respondent’s Submission and Presentation:

A detailed submission was received from the Respondent employer.

In summary it referred to the difficulties that had arisen with the Complainant in relation to the unfavourable Performance Review in December 2014, the investigation in March 2015 of the Grievance raised by the Complaint and the various meetings/lunches etc. that had taken place with the Complainant in an effort to resolve underlying issues.

The Respondent felt that he Complaint was a first class employee and had no desire at any level to end his employment.

The Resignation letter of the 25^th June 2015 was extensively referred to.

The outcome of the Grievance investigation and the later bullying Investigation by unconnected Senior Employer staff were referred to- both did not find grounds to substantiate the Complainant’s allegations.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Issues for Decision:

This claim is one of Constructive Dismissal.

The Claimant has in the first instance to establish that the behaviour of the employer was such as to justify his decision to resign and that he ,the claimant ,acted reasonably in the manner in which he tendered his resignation.

Legislation involved and requirements of legislation:

Unfair Dismissals Act 1977 (revised to January 2016) Section 8

Decision:

The claim for Constructive Dismissal fails due to

• Clear voluntary resignation of claimant by letter of February 24^th 2015 and second comprehensive letter of June 25^th 2015

• Proactive involvement between Claimant and Respondent in numerous meetings and independent internal reviews of the Complainant’s situation, following well established Company Procedures, in the period leading up to June 25^th 2015 and indeed subsequently.

Dated:  

11/5/2016

Michael McEntee

Adjudication Officer.