ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007475
Complaint(s):
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00010139-001 | 08/03/2017 |
Date of Adjudication Hearing: 28/06/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [ and/or Section 13 of the Industrial Relations Acts 1969] 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).
Background:
The Claimant is claiming that the actions of the Respondent constitutes a fundamental breach of her contract and tantamount to constructive dismissal |
Summary of Complainant’s Case:
The Claimant’s complaint originated from an unsolicited email she received from a then work colleague. The board of management were concerned about remarks that were made in the email and set up an investigation into it. The Claimant was summoned to a meeting by the Chair and CEO by registered letter saying ‘these are serious issues’. The tone of the letter was serious. This gave the Claimant substantial anxiety and stress as there was no explanation in the letter regarding the substances of the serious concerns or the status of the meeting. She set out her concerns in writing to the CEO. There followed an exchange of correspondence between the parties none of which allayed the Claimant’s distress. When the meeting eventually took place it concerned an unflattering email set by another staff member and claimant and other staff members were being interview in regard to this. When the Claimant enquired into the lightly outcome she was advised that it could be a disciplinary matter. The claimant then took a grievance against the Respondent. Claiming the meeting was unfair in the circumstances. This consisted of a number of hearings which did not resolve the issues for her. She then referred the matter to the WRC as she believes that the Respondents actions are tantamount to constructive dismissal. The Claimant is currently on as career break. |
Summary of Respondent’s Case:
The Respondent stated that there was a serious breach of confidentiality by a then part-time member of staff who had copied the Claimant with an email This email was uncomplimentary to the CEO. They accepted that this was not a disciplinary matter for the Claimant nor did they ever see it as one. The Chair called her to a meeting to obtain assurances from her in regard to this matter. The delays in dealing with the Claimant was due to difficulties in getting a board meeting together. They put it on record that there was no difficulty with the Claimant returning from her career break. |
Decision:
Section 41 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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I have considered the submissions of both parties. The Claimant did not at any stage tender her resignation, therefore a constructive dismissal has not taken place. However the Respondent’s handling of the matter has caused the Claimant unnecessary stress and anxiety particularly when she received what is an unsolicited email. The Respondent did not reassure her in the course of their dealings with her including her grievance claim. The Claimant holds a senior position in the Respondent’s organisation and deserved more respect in the course of dealing with this matter. The Claimant was caused unnecessary stress and anxiety. I therefore recommend she be paid €2,000 in compensation. |
Dated: 21/09/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
Compensation for stress |