ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001003
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00001383-001 | 10/12/2015 |
Date of Adjudication Hearing: 26/04/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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:
I was employed for over ten years with the Respondent Company and I was working in goods inwards from approximately March 2014. Shortly after I started working in Goods Inward in 2014 I realised the workload was far too much for one person to cope with and I asked my Manager for additional help and for the role to be restructured. My Manager did not restructure the role or get me any assistance and told me to get on with my job and I did my best to cope with the excessive demands of my role but unfortunately my health began to suffer and I had to attend my General Practitioner. I had become suicidal and depressed and my doctor diagnosed me as suffering from depression and anxiety disorder and advised me to consider giving up my job as the demands of the job were making me sick. Having considered my options I wrote a letter to my employer on the 26th June 2015 and resigned from my position. I considered complaining again to my Manager about the workload but I felt it would be pointless due to his failure to respond to my previous complaints. I believe I was constructively dismissed from my position and I am seeking compensation for all of the losses I have suffered. |
The Claimant gave his own testimony and was crossed examined by the Respondent
Respondent’s Submission and Presentation:
The Respondent outlined the Claimant’s history and the events leading up to and during his absence through sick leave. Several witnesses including the Claimant manager gave evidence in support of the Respondent’s case.
It was submitted that the Respondent surpassed the requirement to act reasonably at all times by:
Having clearly communicated policies/procedures for dealing with grievances.
Once on notice of an issue, making every possible to encourage the Claimant to reconsider his resignation and encourage him to avail of the Employee Assistance Programme.
By encouraging him, on numerous occasions to avail of the procedures, including raising the issues at senior management level.
By explicitly inviting him to contact the company to advise how he wanted any issues or concerns addressed.
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.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Is the claim of constructive dismissal supported by the evidence in the case?
Legislation involved and requirements of legislation:
Section 7 & 8 of the Unfair Dismissals Act 1977 - 2001
Decision:
I have considered the submissions of both parties. In a claim for constructive dismissal the onus is on the Claimant to prove the case. However, in the evidence given by the Claimant and his manager, it is clear that he (the Claimant) had raised the difficulties/problems he was faced with in the execution of his duties on numerous occasions to no avail. These were real and genuine issues. He was if fact ‘fobbed off’. I accept that as a result of this and the grievance procedures notwithstanding, he reached the point of no return.
I prefer the evidence given by the Claimant to that of his manager and find in all the circumstances he was, in effect, constructively dismissed due to failure of the Respondent to provide a duty of care in this case.
I therefore find the claim well founded and under section 7 (c) of the Unfair Dismissal Act 1977 – 2001 award €1,680.00 in compensation.
Dated: 21st October 2016