EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Darron Daly UD623/2015
against
Poundland Limited
t/a Dealz
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr. B. Kealy
Mr M. O'Reilly
heard this claim at Dublin on 15th September 2016
Representation:
Claimant : Ms Patricia Herron, Carraganes, Ballydesmond, Mallow, Co. Cork
Respondent : Mr Tiernan Doherty, IBEC, Confederation House,
84/86 Lower Baggot Street, Dublin 2
The determination of the Tribunal was as follows:
Claimant’s Case
The claimant commenced employment as a sales assistant with the respondent in November 2013. From the summer of 2014 his working relationship with an assistant manager deteriorated. In September of that year the claimant was injured at work which he blamed on the negligence of that manager. Later that month he again experienced her wrath during a delivery process. The following day 25 September he was summoned to a meeting where certain allegations against him by that manager were put to him. The claimant told the Tribunal that his version of this incident was not sought.
On 9 October the claimant was presented with two letters from the company. The first one invited him to attend a disciplinary hearing and the second informed him of his immediate suspension in relation to another unspecified allegation. Prior to this disciplinary hearing issues were raised over how the claimant could be represented. Subsequent to that meeting a verbal warning was issued to the claimant which he appealed. As a result of that appeal the sanction was withdrawn and the claimant recommenced work in December as his suspension was also lifted.
The claimant meanwhile became subjected to a second investigation due to a further complaint by the assistant manager. As the evidence against him was inconclusive the company did not reprimand him. As a result of all this process and suspension the claimant maintained he suffered an unnecessary financial loss. In February 2015 a letter from the respondent stated that he interfered with some evidence to such an extent that it could lead to gross misconduct. This fresh allegation led to the claimant losing trust and confidence in the respondent. Accordingly, he wrote a letter of resignation dated 18 February 2015. Subsequent communication between the claimant and respondent did not change his stance.
Respondent’s Case
No evidence adduced
Determination
The claimant acknowledged he was aware of the respondent’s grievance procedure. He also utilised it when he complained about the treatment he was receiving from the assistant manager. However, he chose not to rely on it in February 2015 prior to his decision to resign. The respondent who opted not to give evidence appeared to act in a prejudicial way towards the claimant. Issues over representation, unsubstantiated allegations, and loss of earnings contributed to the claimant’s lack of confidence in the company’s management of his case.
The Tribunal finds that the claimant was, in the circumstances, justified in resigning his position. This hasty action was outweighed by the respondent’s behaviour in this case. The claim under the Unfair Dismissals Acts, 1977 to 2007 succeeds and the Tribunal awards him €5000.00 as compensation under those Acts.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)