ADJ-00015134

Complainant

Respondent

Anonymised Parties

A Chef

A Pub and Restaurant

Representatives

Peninsula Group

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00019398-001

24/05/2018

The Worker claims that he was employed as a Chef with the Employer for approximately 7 months and having made allegations of bullying behaviour against a fellow worker and where nothing was done by the Owner, he felt he had no option but to leave his employment on 9 March 2018 on the grounds of constructive dismissal.

The Worker claims that he was employed in the position of Head Chef to run the kitchen in the Employer’s pub/restaurant. He said that it was initially agreed that he would work for a month beginning on 3 August 2017 on a trial period, following which, if everything was satisfactory to both parties, he would be considered for a full-time contract arrangement. He said that on the conclusion of the trial period he approached the Owner, who he said was pleased with the Worker’s performance, and he was offered, and he accepted a full-time contract.

He said that he never gave the Owner a reason to change his opinion of him as a chef/manager. He said there was no problem with his work or his performance. On the day of the hearing he said he had asked the Owner for a letter of appointment, a job description outlining his main duties and responsibilities, his start and finish times, salary details, and to whom he was to report. However, he said he never received any of those documents.

The Worker claims that in early September 2017 he was working with Ms. A, a staff member whose main role was waitressing, cleaning, and ordering consumables from suppliers. He claims that he had some interaction with her during his trial period and found her to be “a course and rude person with a bad temper and a foul tongue”. He said that he asked her to place an order for him with suppliers and she entered into a tirade of aggressive abuse and obscene language; he said that he asked her to calm down and to never speak to him again in such a manner. He said that he found it intimidating, unjustified and aggressive.

The Worker claims that again on 15 September 2017 he reminded her that another aggressive outburst was not welcome, and he asked her again to stop, to which she replied, “I speak to everyone like this and if you don’t like it, you can go F… yourself.”

The Worker said that over time, despite bringing Ms. A’s behaviour to the attention of the Owner, who he said agreed that this behaviour was not acceptable, it continued and even escalated. He said that because of the bullying behaviour of Ms. A and the lack of interest from the Owner to address the issue, his health took a turn for the worse and he had to seek medical advice from his GP.

He said on 9 March 2017 at 9am the Owner was at work but in a meeting, and he approached Ms. A and asked her to inform the Owner that he would like to see him briefly before he departed for a meeting in Dublin. At 12 noon the Worker approached Ms. A and she informed him that the Owner had departed 2 hours earlier. The Owner subsequently told the Worker that he did not receive any request that morning from Ms. A. The Worker said that he could no longer cope with Ms. A’s obstructive and persistent aggressive behaviour. He felt that this had been going on for over a 7-month period and he went out on sick leave and did not return to work. He said he was constructively dismissal.

He said a mediation session was organised by the Employer to resolve the matter. On 30 March 2017, after attending the mediation session with Ms. A and the mediator, he said he met with the Owner, who informed him that “he could see nothing in the mediation report that could see him moving forward in a professional relationship” and the Owner said that he accepted the Workers resignation. The Worker said he at no stage either verbally or in writing offered his resignation. The Worker therefore believes that he was treated badly by the Employer.

The Worker said that this situation has had a substantial bearing on him and his health. He said that he has suffered anxiety and stress from all that he has been through. He claims that he has attempted to return to other jobs but is unable to hold down a job because of his anxiety.

Other complaints not previously documented on the Workplace Relations Commission referral form were raised on the day of the hearing.

The employer failed to attend the hearing or send in any submissions in relation to the matter.

While the Worker attended the hearing and presented his case, the Employer did not avail of the opportunity to do the same. The Workplace Relations Commission was advised that the Employer would not attend the hearing and that it objects to the Industrial Relations claim.

It is clear from the Workers evidence that he had a difficult relationship with Ms. A, who he claims was abusive toward him and that he had brought this to the attention of the Owner. The Worker claims that he walked out on 9 March 2017, and that, he took was the point of constructive dismissal.

It is clear from the Workers evidence that a mediation was arranged by the Owner. The mediation was unsuccessful and did not help resolve the Worker’s issues. I note that following the mediation the Owner advised the Worker that he was accepting his resignation. However, the Worker claims he did not offer to resign.

I find that I have no other evidence presented to me to consider in this case.

I find that the other complaints raised by the Worker on the day of the hearing are not correctly before me for consideration.

I find that there is substantial confusion as to what happened and without the assistance from the Employer’s evidence I am left with the Worker’s uncontested evidence, where he claims that he was being abused in the workplace, had discussed it with the Owner, left the workplace on sick leave and did not return, when through a mediation process, was told that his resignation was accepted, even though he did not resign. He claims that he was forced out and constructively dismissed.

I find that the Worker’s evidence suggests that he was treated badly in work by Ms. A and having raised a grievance with the Owner was treated poorly thereafter. I find that the Workers case is well-founded.

Accordingly, in an effort to resolve the abovementioned dispute, I recommend the following course of action.

The Employer should pay the Worker €1,100, a sum equivalent to two weeks’ gross pay.

I have concluded that the Worker was treated badly. I therefore recommend that the Employer should pay the Worker €1,100, a sum equivalent to two weeks’ gross pay.

Industrial Relations Acts - raised a grievance - treated badly – well founded.