ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000634

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

Date of Adjudication Hearing: 11/02/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

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 to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The complainant submits that exceptional circumstances existed for the late delivery of complaint in that she was suffering from a significant disability which came to the fore at the beginning of 2015 arising out of the employment relationship (details provided) amounting to reasonable cause within the meaning of s. 41 (8) of the 2015 Act.

In summary the complainant submits that she was not properly resourced or supported in her work. The same had been notified through its supervisory system and to her relief manager on the 13^th of January 2015. Furthermore she was burdened with extra work which was not credited to her. She was left with no alternative but to resign her position with effect from the 20^th of February 2015 in order to protect her health. She was unaware (she had not been properly made aware) that her grievances and complaints could be escalated formally.

Respondent’s Submission and Presentation:

By way of preliminary issue the respondent submits that the complaint is out of time and that jurisdiction is denied other than for reasonable cause. The claimant has stated at hearing that she actively sought work from June 2015 following her certification of incapacity and in those circumstances she would have been in a position to lodge her complaint. She had from that time until the 19^th of August to so do.

The respondent submits that the claimant resigned her position and that it was not made aware of any grievances or complaints which could and would have been investigated if so notified. She was provided with a copy of the grievance procedure on two occasions and was fully supported with regular supervision, training and access to line management.

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:

1. Whether or not the circumstances described can be considered to amount to “reasonable cause” so as to allow for the extension of time to justify jurisdiction.

2. The issues to be considered are wholly related to the behaviour of the parties in the circumstances presented.

Legislation involved and requirements of legislation:

s. 1. - [(1)] (c) of the Actprovides -that dismissal, in relation to an employee, means –

(b) the termination by the employee of his/her contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer

In constructive dismissal cases the claimant must satisfactorily demonstrate that the respondent behaved or acted in a manner, which was so unreasonable as to make it impossible for him/her to continue in the employment and which fundamentally breached his/her trust and confidence in the bona fides of the other party. In so doing the claimant must also show that his/her action/behaviour in resigning his/her position was reasonable in all the circumstances (mirror image concept).

Decision:

1. I am satisfied that the circumstances presented explain the late filing of the complaint within the meaning of “reasonable cause”. Accordingly I am prepared to extend the 6 month period prescribed in order to accept jurisdiction.

2. I am satisfied that the assertion by the respondent that it was not aware of any complaint or grievance which could be considered to be oppressive is true. In fact it met the complainant in the aftermath of receipt of her resignation and was not presented with any complaint or grievance. It acted honourably and reasonably in all its dealings with the complainant.

In these circumstances no constructive dismissal occurred and I find that the complaint is not well founded.

Dated:   11/05/2016