ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00008983

Parties: 

Complaint:

Date of Adjudication Hearing:  07/06/2018

Workplace Relations Commission Adjudication Officer:  Rosaleen Glackin

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

BACKGROUND.

The Complainant was employed from 20th April 2015 until he terminated the employment on 14th December 2016. He was on garden leave and paid until 25th January 2017. He was paid £70,000.00 per annum and he worked 40 hours a week. The Complainant confirmed he was provided with a written statement of his Terms and Conditions of Employment, including the Grievance and Disciplinary Procedures of the Company. The Complainant referred a complaint to the Workplace Relations Commission on 13th June 2017 alleging he had been constructively dismissed.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that on 14th January 2016 he issued an email to all project managers in relation to a “Construction Projects Work Schedule”. An opportunity was afforded to all to discuss their allocation with him if there was an issue with any of their allocation. There were no issues brought to his attention and therefore Assumed all were happy with their allocation. He became aware that a named Manager became aware of  project and allocated it to himself without notifying him and he asserted this was an attempt to undermine him. The Complainant advised the Managing Director, named of his concerns in an email dated 22nd February 2016 but stated he was not aware of any action being taken.  This same Manager notified the MD on 23rd April 2016 without advising him that one of his projects was going to be delayed. He was notified by email dated 25th April 2016. The Complainant stated he emailed the MD expressing his concerns.

There was a complaint made by a named Employee in relation to the Complainant dated 24th April 2016 and a meeting was held with the Complainant in relation to the issues raised on 25th April 2016.

There was a formal written complaint made by the named Senior Construction Manager against the Complainant on 11th November 2016 and a further complaint, by another named Employee, undated was lodged against the Complainant. This was lodged sometime in September 2016.

The Complainant stated that he worked as Head of a Construction Team comprising 5/6 in his Team. He stated that he made a formal complaint to HR and senior management on 30th November 2016 concerning false accusations and the non-cooperation by a named Manager with him. He lodged another complaint to HR on 12th December 2016 in relation to the same issues. He stated that on 12th December 2016 he forwarded his end of year appraisal to HR and ready for the MD to have a meeting with him to discuss end of year bonuses. He stated he met with the MD on 12th December 2016 in relation to his end of year performance and it was agreed he would receive an end of year bonus of £20,000

He was called to a meeting on 14th December 2016 with two named Managers and he was informed that the Construction Department was to be split in two with immediate effect with a named Manager to head one Department while he would continue to head the second Department. He stated this was a complete shock to him. He sought a meeting with the MD and when they met he asserted the MD addressed him in angry tones. He decided he could no longer work in the Company and tendered his resignation the same day.

The Complainant stated that the Bonus payments were to be made on 16th December 2016 but this was withheld from him

The Complainant stated that he had commenced employment on 9th January 2017 and he is earning £70,000 per annum. He was requested to provide confirmation of this post the Hearing but did not do so.

SUMMARY OF RESPONDENT’S POSITION.

The Complainant terminated his employment by letter dated 14th December 2016 giving 6 weeks notice and he was paid up to 25th January 2017.

The Complainant commenced employment with the Respondent on 19th April 2015 as senior Quantity Surveyor and at the time of his resignation he worked as Director of Construction with a gross salary of £70,000 reporting to the Managing Director. The Complainant took up employment on 9th January 2017 while still in the employment of the Respondent which did not end until 25th January 2017 for

The Complainant was notified of the Respondent’s decision, following a review of work practices to sub-divide the construction team into two sections. This decision was taken to ensure greater interaction with clients and increased project satisfaction. The Complainant was informed he was responsible for one of the sections reporting to the MD. He was assured there would be no change to his terms and conditions of employment. The Complainant, on the same day, 14th December 2016 submitted his written resignation and in his resignation letter he referred to the construction team restructuring as the reason for his resignation. He also referred to other issues, namely the complaints made against him by the named Employee who was to head up the second Construction Team following the restructuring and the complaints made against him but another colleague with whom the Complainant had had a personal relationship. The Respondent was endeavouring to deal with these issues.

The Respondent referenced Section 1 of the Act and also referenced a Decision of the Tribunal in relation to this issue.

FINDINGS AND CONCLUSIONS.

On the basis of the evidence and examination at the Hearing I find as follows -  

Section 1(1) of the Act defines what is commonly described as constructive dismissal as follows – (b) 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.

There are essentially two tests that an employee can argue in a complaint of constructive dismissal –

-There must be a significant breach of the contract of employment by the employer, which shows that the employer no longer intends to abide by one or more elements of the contract of employment and that in such circumstances the employee was justified in tendering his resignation.

 The evidence was that the Complainant tendered his resignation by letter dated 14th December 2016 giving the Respondent 6 weeks notice of the termination. The Complainant was paid up until 25th January 2017 in circumstances where the Complainant confirmed at the Hearing that he had in fact commenced employment again on 9th January 2017. The evidence also was that the Complainant was informed by the Respondent on 14th December 2016 of a Restructuring of the Construction Team and the Complainant was assured he was to head one team and that there would be no change to any of his Terms and Conditions of employment. The Complainant has not established any breach of contract by the Respondent.

-The Complainant must have acted reasonably in tendering his resignation. The Complainant has not established that he acted in a reasonable manner in tendering his resignation.

DECISION.

On the basis of the evidence and my findings above and in accordance with Section 8(1)(c) of the Act I declare the complainant of unfair dismissal is not well founded.

Dated:   4th September 2018

Workplace Relations Commission Adjudication Officer:  Rosaleen Glackin

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