Complainant

Respondent

Anonymised Parties

An employee

An employer

Representatives

 Solicitors.

 Solicitors.

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00014891-001

09/10/2017

The Complainant commenced employment with the Respondent on 17/01/2018, he resigned from his employment on 09/04/2017, on 09/10/2017 he lodged a complaint with the Workplace Relations Commission (WRC), under Section 8 of the Unfair Dismissals Act, 1977, alleging that he was constructively dismissed.

At the time of his resignation the Complainant was being paid a net monthly salary of €1,850.

A preliminary argument in relation to timing of the complaint was presented prior to the investigation/hearing of the substantive issue of alleged dismissal.

See Findings and Conclusions.

See Findings and Conclusion.

Preliminary Argument.

By email dated 9th April 2017 (and timed at 17.29) the Complainant sent an email to the Respondent Human Resources Manager, the last paragraph of this email reads:

“I am therefore writing to inform you that I am resigning from my position with (company named) with immediate effect. Please accept this as my formal resignation and termination of our contract”.

On 10th April 2017, the Human Resources Manager replied:

“It was with surprise and disappointment that I received your email yesterday, Sunday 9th April, in which you advised that you were resigning from your employment with (company named) with immediate effect”.

This letter also included the following:

“I would urge you to reconsider your decision to end your employment in this manner”.

By email dated 12th April (and timed at 23.00) the Complainant wrote to the HR Manager, the final sentence of this letter states:

“In the circumstances, I reiterate my initial resignation and termination of our contract of employment as per my email dated the 9th April”.

By email dated 13th April 2017, the Human Resources Manager replied:

“It2 is disappointing that you have chosen to end your career with (company named) in this manner. I had hoped that you would return to work and work through any issues however we accept that this is your decision to make and we accept your resignation as per your email dated 9th April 2017”.

There can be no doubt that the Complainant resigned with immediate effect on 9th April 2017.

The Unfair Dismissals Act, 1977 (as amended) at section 8 clearly states:

Section 8 (2) (a) within the period of 6 months beginning on the date of relevant dismissal,

Or

Section 8 (2) (b) within such period not exceeding 12 months from the date of the relevant dismissal as the adjudication office considers appropriate, in circumstances where the adjudication officer is satisfied that the giving of the notice within the period referred to in paragraph (a) was prevented due to reasonable cause.

At the hearing, representative for the Complainant referred to the Labour Court case Cementation Skanska v Carroll (DWT 38/2003).

The Labour Court held that it was for the Complainant to show that there were reasons which both explain the delay and afford an excuse for it.

The Court elaborated as follows:

“The explanation must be reasonable, that is to say it must make sense, be agreeable to reason and not be irrational or absurd. In the context in which the expression ‘reasonable cause’ appears in statute it suggests an objective standard but it must be applied to the facts and circumstances known to the claimant at the material time”.

In this instant case it was offered by way of explanation that the Complainant may have suffered some mental issues and that he was also caring for his mother who had been seriously injured in a road traffic accident in 2014. There were no medical certificates offered in support.

The representative for the Respondent stated that there was no evidence whatsoever that explains the delay and went onto state that the Complainant, prior to his resignation, had already engaged with legal representation.

In considering the arguments presented I have carefully studied the evidence presented and documents offered as well as my own notes from the hearing. I have also read the cases quoted.

I have come to the conclusion that there is no reasonable cause that either explains or justifies the complaint being lodged outside the six months’ time limit stated in legislation and it is for this reason that the complaint must fail.

Under the Unfair Dismissals Act, 1977 there is no case to be answered.

Complaint fails.

Constructive Dismissal: Out of time.