Complainant

Respondent

Anonymised Parties

An employee

An employer

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00011728-001

02/06/2017

The Complainant commenced employment with the Respondent company as a Cloud Support Engineer on 3rd January 2017.

On 24th May 2017 the Complainant resigned from the Respondent Company and lodged a complaint with the Workplace Relations Commission on 2nd June 2017.

Commenced employment with the Respondent on 3rd January 2017 as a Cloud Support Engineer. On arrival at the Respondent company there was no initial training or induction to the job. The atmosphere in the workplace was toxic with one particular individual routinely shouting expletives and being very angry.

In relation to training there was no effort to show the Complainant anything and despite several requests for training the subject was not addressed. The Complainant was ignored for months in her position.

On a weekly basis, the Complainant had to attend 1 to 1 meetings with her supervisor in the staff canteen and during these meetings the Complainant was informed that her issues would be addressed and that the colleague referred to above would be spoken to.

Following three months service the Complainant was invited to a performance review and informed that her probation was to be extended. This fact was never acknowledged by the Human Resources Department.

In May 2017, the Complainant was advised by her supervisor that she should ‘seek alternative employment’.

A training plan was eventually issued to the Complainant – it quickly became apparent that this training would not be delivered.

The Complainant alleges that she was left with no choice but to resign, that her supervisor was intent on letting her go. It is alleged that the supervisor informed the Complainant on two separate occasions that she “had no capacity to learn anything new”.

The HR Department (one individual) had no idea why the Complainant was leaving and the fact that she was leaving was a surprise to her colleagues.

The Respondent did not attend the hearing.

In cases alleging constructive dismissal the employee bears the burden of proof as to dismissal. Section 1 of the Unfair Dismissals Act of 1977 defines constructive dismissal as follows:

“the termination by the employee of his contract of employment with his employer whether prior notice of the termination was or was not given to the employer in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled or it was or would have been reasonable for the employee to terminate the contract of employment without giving prior notice of the termination to the employer”.

Circumstances in which notice of termination can or may be dispensed with are indeed rare and set a high standard of proof for an employee.

There are two tests contained in the statutory definition, either or both of which may be invoked by the employee. The first is ‘the contract’ test where the employee argues ‘entitlement’ to terminate the contract. Secondly, the employee may allege that he/she satisfies the Act’s ‘reasonable ‘test.

The breach of contract being alleged must be either a significant breach going to the route of the contract or one which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract.

In this instant case, there are no allegations of any breach of contractual obligations.

We must therefore look at the alleged behaviour of the Complainant’s supervisor and apply the test of ‘reasonableness’.

At the 1 to 1 meeting in April the Complainant was informed that her probationary period of employment was to be extended, this appears not to have happened.

At another 1 to 1 meeting it is alleged that the Complainant was told to “seek other employment” and yet there does not appear to be any follow-up on this from either the Complainant or Respondent.

The Complainant in her written complaint quite clearly states that the “HR individual had no idea why I was resigning – Colleagues on Team shocked I was going”.

There is no evidence whatsoever that the Complainant made any internal complaint to the Human Resources person or to a more senior manager in relation to the conduct of her supervisor. In any complaint of constructive dismissal, it is of paramount importance that internal procedures such as a Grievance Procedure are utilised and exhausted prior to any resignation and complaint to a third-party body.

For the reasons outlined above I am unable to find in favour of the Complainant and it is for these reasons alone that the complaint fails.

As outlined above.

Constructive Dismissal, Internal Procedures.