Complainant

Respondent

Anonymised Parties

Driver

Distribution Company

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-00019022-001

08/05/2018

The Complainant outlined a number of complaints he had with his employer. He summarised them as follows:

Poor loading was causing refused deliveries and health & safety concerns

Management refused to accept his concerns

Emails ignored or dismissed

Docked wages and suspended unfairly

He believed that poor loading of furniture into the vans he was driving potentially put his safety in danger. He also was deducted wages without due process. He had a number of complaints against the loaders which were not followed up by management. He contended that he was forced then to resign his employment due to the unfair treatment he received.

The Respondent is a reputable furniture distributor business founded in 1922 and has never been subject to a complaint to the WRC since their formation.   The Complainant was employed from 1st September 2014 as a truck driver. He resigned his position in May 2018. He alleges that he had his wages and overnight expenses docked without his permission and that he was the only employee not to receive a Christmas bonus. He further alleges he was forced to leave his job. He alleges that he was victimised by fellow workers, specifically with regard to the loading of his truck. The Respondent had endless discussions with the Complainant on this issue and his complaints investigated on numerous occasions. He claimed that the trucks were not being loaded correctly, on purpose to bully him. This complaint is central to the Complainant’s allegations and no proof was ever provided to legitimize these allegations. The Complainant walked out of work on 24th April 2018 without permission or notice claiming “work stress”. He took the next day off also. On 3rd May 2018 he wrote to the manager raising the same complaints regarding loading of the trucks, having his pay deducted and stating he “may be forced to take some time off to consult my doctor for help with this work stress”. The manager responded outlining the reason for the loss of pay, being that he walked off the job. The manager wrote again on 8th May as the complainant was absent from work again. No sick certificate was provided. The manager advised the complainant to get medical advice, especially given the fact that he told his manager that he “sometimes thought of driving the truck straight into a tree”. The complainant wrote to the manager on 9th May and stated his intention to return to work the following day. He also confirmed he lodged a complaint with the WRC. The manager responded that no sick certificate had been received and this was the second time in the last month he had been absent without leave. The complainant was advised that this was the final opportunity to follow instructions.   The complainant responded that evening that he was offering his resignation with immediate effect. In emails between the parties on 14th May, the respondent agreed to pay the complainant for the time he was absent up to 11th May through accrued holiday pay and 2.5 days at the discretion of the company. He was also told there would be work for him if he did not succeed in getting other work. The complainant responded that he would let them know if he had free days. He again wrote to the respondent on 30th May enquiring if they would be willing to discuss his return. The Company did not follow up on this offer.    

It is submitted that at all times, the respondent acted as a reasonable employer in a situation where the complainant submitted his resignation voluntarily and where he submitted his complaint to the WRC to include unfair dismissal while still on the payroll. If he was so unhappy working with the respondent, why did he request his job back in his email of 30th May 2018?

The Complainant outlined a number of complaints he had in relation to his employment.   Having heard the evidence, I find that many of the complaints were addressed by the Respondent, albeit not to the satisfaction of the Complainant. He did not help his cause by speaking in an aggressive manner to his employer at one stage. He advised the Respondent by email at 13.52 on 24th April 2018 that he was not continuing working that day due to high stress levels and went absent the following day. The Respondent deducted 2 days pay for this absence. I note there was agreement from the respondent to pay the complainant for the time he was absent up to 11th May through accrued holiday pay and 2.5 days at the discretion of the company. The complainant resigned on 9th May and confirmed his resignation on 10th May 2018. His complaint submitted and received by the WRC on 8th May 2018 precedes his resignation. In considering the events leading up to 8th May 2018, I find that although some extremely serious allegations were made by the complainant regarding alleged verbal and physical assault, I note that while some enquiries were made by the Respondent, no procedures were invoked or exhausted in dealing with the Complainant’s many complaints. This led to him being frustrated and stressed to the extent that he resigned his employment. The Respondent should note that the Payment of Wages At 1991 at Section 5 regulates the deduction of wages and provides that such deductions may not be made unless certain requirements are met, e.g. in section 5 (2) notice in writing one week before the deduction as to the act or omission of the employee.