Complainant

Respondent

Anonymised Parties

A Head Chef

A Restaurant

Act

Dispute Reference No.

Date of Receipt

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

CA-00018506-001

13/04/2018

This dispute concerns the Worker’s claim for compensation for alleged constructive unfair dismissal.

The Worker was employed by the Employer as a Head Chef and commenced employment on 11 April, 2018. Prior to commencing employment, the Worker had a number of meetings and telephone conversations with the owner and General Manager of the restaurant during which he presented his ideas for the role, including plans to implement a new menu, if he was successful in acquiring the position of Head Chef.

The Worker submits that the Employer was very impressed with his plans and he accepted the position on the understanding that the Employer wanted him to assume the role of leading the kitchen, implementing a new menu and improving the overall quality of the food.  

The Worker submits that he was very surprised and disappointed when he attended for his first day of employment on 11 April, 2018 to find out that the Employer had changed its position in relation to the nature and scope of his role as Head Chef. The Worker contends that the Employer informed him that he was not allowed to implement any changes to the menu and he was instructed by the owner to take a step back and observe how things were done in the restaurant. The Worker submits that he was not afforded the opportunity to put in place any of the plans or ideas which had been agreed with the Employer prior to accepting the position.

The Worker submits that it was apparent on his first day of employment that the Employer had changes its attitude towards him and made it clear that he was not wanted in the position. The Worker contends that his position was totally undermined and that he was not afforded the level of responsibility and trust which should have been associated with the position of Head Chef.

The Worker sent an e-mail to the Employer on 12 April, 2018 to express his dissatisfaction and frustration in relation to the manner in which he had been treated on his first day of employment. The Worker informed the Employer that there was no point in him continuing in employment if he was not going to be allowed to perform the role for which he had been employed.

The Worker submits that he did not receive any explanation from the Employer regarding the reasons why there had been a change in attitude towards him. The Worker was left with no option but to resign from his position as the Employer was not forthcoming with any reassurance that he would be allowed to carry out the role he had been employed to perform. The Worker submits that he was constructively dismissed from his employment on 13 April, 2018 and he contends that his dismissal was unfair.

The Worker submits that he had left a secure position as a Head Chef with another employer in order to take on the role with the Employer. The Worker has been unable to secure alternative employment following his dismissal by the Employer and is seeking compensation in relation to the unfair manner in which his employment was terminated.

The Employer runs a successful bar/restaurant. The Worker commenced employment as a Head Chef on 11 April, 2018 and left the position of his own volition on 13 April, 2018.

The Employer had discussions with the Worker prior to his appointment and during the interview process regarding the possibility of introducing new menus to boost business. The Employer was happy to explore such options and it was on this basis that the Worker was offered the position as Head Chef. The Employer’s restaurant has a very up to date menu for its cliental and is always looking to improve, but in the catering business, introducing something new is a gradual and not instantaneous process, as otherwise the business would run the risk of losing its entire cliental.

The Employer submits that the Worker commenced employment on 11 April, 2018 with the intention of completely revamping the menu with immediate effect without carrying out any research on customer taste or choice. The Worker was informed by management that it was not possible to change the menu instantly as the food stock already purchased needed to be used first and the stock which he required would have had to be purchased instantly. In addition, it would have been necessary to train the waitering staff on the new menu types and on customer feedback and complaints. Realistically, it was not possible to put in place the new menu which the Worker wanted to introduce within such a short space of time and this would have been known to him.

The Employer submits that the Worker decided to leave his position on 13 April, 2018, of his own volition, after only two days of employment, without engaging in any dialogue with the Employer in relation to the introduction of the new menus. The Worker failed to provide the Employer with any opportunity to discuss any issues or grievances that he may have had in relation to his position prior to taking the decision to leave his employment. The Employer stated that it would have openly engaged with the Worker in relation to the introduction of the new menus or any other issues of concern, if he had remained in his position.

The Employer submits that the Worker had totally unrealistic expectations in relation to the timeframe and procedures for the introduction of the new menus and questions his bona fides in accepting the position of Head Chef in the first instance.

The Employer emphatically denies that the Worker was unfairly dismissed from his position and submits that he left his employment of his own volition.  

I have carefully considered the written and oral submissions made by the parties in relation to this dispute.

This dispute was referred to the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969 and, in essence, concerns a claim of constructive dismissal.

The Worker commenced employment with the Employer as a Head Chef on 11 April, 2018 and left his position on 13 April, 2018. The Worker contends that he had no option but to resign from his position after it became clear that the Employer’s attitude towards him had changed and that he would not be afforded the appropriate level of responsibility or trust to effectively carry out his duties in the role of Head Chef.

The Employer disputes the Worker’s claim of constructive dismissal and contends that he left the employment of his own volition after less than two days of employment. The Employer contends that the Worker had unrealistic expectations that it would be possible to totally revamp and implement a new menu in the restaurant with immediate effect and without carrying out any customer research. The Employer further contends that the Worker left his position without affording it any opportunity to discuss or address any concerns which he may have had in relation to his role within the restaurant.

I am satisfied that this case may be informed by the Unfair Dismissals Acts in respect of constructive dismissal cases.

The term “constructive dismissal” is not specifically mentioned in the Unfair Dismissals Acts. However, it is a term commonly understood to refer to that part of the definition in Section 1 of the 1977 Act.   The burden of proof in such cases, which is a high one, rests with the complainant. The complainant must demonstrate that he was justified in his decision and that it was reasonable for him to resign his position. The complainant must also demonstrate that he had no option but to resign.

It is clear that the Worker became frustrated following his first day of employment and came to the conclusion that the Employer no longer wanted to retain him in employment. The Worker appears to have formed this view based on his initial interaction with management concerning the levels of responsibility and autonomy that he would have in discharging his role as Head Chef. However, I have found the Employer’s evidence to be more compelling and I am satisfied that its management did not engage in any behaviour or conduct in terms of its interaction with the Worker from which he could have reasonably concluded that his position was untenable after such a short period of employment. I find that the Worker resigned in an impromptu and hasty manner without either raising any formal grievance or affording the Employer the opportunity to address the concerns that had arisen in the initial days of his employment. I find that the Worker’s resignation was unreasonable having regard to the circumstances that presented at the material time.

Having regard to the foregoing, I find that the Worker has not established that the conduct of the Employer was such that he had no option but to resign his position. Accordingly, I find that the Worker was not dismissed, either constructively or otherwise, from his employment.

I find that the Worker was not constructively dismissed from his employment. Accordingly, the Worker’s claim is not well founded and must fail.

Industrial Relations Act 1969 – Section 13 – Restaurant worker – Constructive dismissal – Resignation – Claim fails