Complainant

Respondent

Anonymised Parties

Office Manager

Veterinary Practice

Representatives

Sheila Neary CIC, Eibhlin Harrington CIC

Deirdre Gavin HR Consulting

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-00031634-001

17/10/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00031634-002

17/10/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00031634-003

17/10/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00031634-004

17/10/2019

The Complainant was employed as Office Manager from 1st September 2011 to 16th August or 2nd September 2019. She was paid €607.70 per week. She has claimed that she was unfairly dismissed and has sought compensation. The dismissal is in dispute. The Respondent stated that the Complainant resigned her position.

She withdrew the Payment of Wages claim.

These claims were withdrawn.

On 08/05/19 the Complainant drove to the Respondent’s farm to hand in her notice. She told him she would work till the 7th of June as he was going on holidays. She felt really bad about doing this as she loved the job and felt she was letting everybody down. He just said ok. Just before she left work, she got a text from his wife saying, “is it true what I’m hearing?” She replied “The Pot exploded I’m very stressed and upset at the moment. Il talk to you in a few days and hopefully things can be sorted out”. She got the reply “I’m gutted, PG something will be sorted Things have been going so badly wrong at the office for some time now, as far as I was concerned you were the stabilising force there & now don’t know what’s going to happen” . On 13/05/19 a student started her work experience with the practice for 8 weeks. From this day she said she would give her a lift this was to help her leave at 6ish and not to stay late working as she was getting no thanks for it, from this day she decided what she got done in the day was all I was going to do as her mental health was suffering with the stress.

On 20/05/19 the Respondent tells her that he has been at the doctor with high blood pressure over her leaving and the whole situation in the practise.

On 21/05/19 he rings the office to say he was talking to the other Admin person and she has handed in her notice. She felt relieved that now he can look for a replacement. He calls into Office and they have a brief conversation and he says she won’t be coming back so we can look for someone to replace her and she says to him that’s great and she will stay on and withdraw my notice. On 22/05/19 she I got a call from a work colleague to tell her that they heard the news she is not leaving and they are delighted. At this stage she feels relieved all is sorted and things are going to go back to normal.

On 24/05/19 he has a conversation with hr and assures her that everything is going to be ok and things will settle down. They agreed that she take his phone calls when he is on holidays and he says he is home on Saturday the 1st of June early.

On 25/05/19 She had to work to cover for a colleague. She was feeling hopeful everything was going to go back to the way it was.

On 30/05/19 she asked a colleague to do to up a cash receipt as she wanted it sorted for the client the next morning and she wasn’t going to be in. Her colleague was very short with her and said she wasn’t doing it this evening. He contacted me to say his flight wasn’t coming in till 2.15 and to change his tests. She knew at that stage she was going to be in trouble with her husband as she had told him he was back early on the 1st of June. On 31/05/19 she took the day off as it was his birthday and they agreed to go away for a few nights. He felt she really needed this break after all that had been going on. They were getting ready to go when a colleague called her about the cash receipt. She wanted to do the evening before and her colleague won’t help. She had to sort that out over the phone. She is technically working till the Respondent returns as she still had his calls coming through to her. On 01/06/19 she was taking calls from clients from 7.15am. She had to carry her phone around as there was only one place in the hotel with coverage as the hotel didn’t want people using their phones. We were about to go for spa treatments when a client was looking for a vet. I told him to ring the office. Then a colleague rang me saying one of the Vets wouldn’t go out to the client. As she took work seriously this upset her and made her husband annoyed. She had the phone until 2pm when the Respondent got back It was about 7 o clock before she could get the situation out of her head and relax. On 04/06/19 she was chatting with a colleague and she said she had a job advertised.

She also told me to take a step back and not to be doing everything. She found this comment strange and replied who’s going to do it? She also said I don’t have a problem with you or your work. She found this to be strange but didn’t think any more of it. On 19/06/19 the Respondent tells me he has a new girl starting and she will be working with her. On 13/06/18 she contacted the colleague as usual about the wages and she had to let her know that she was off for one day and her reply was had I had a holiday for this day. Her response made her very annoyed as she knew she had worked all hour’s day and night for the month of April and 2 weeks of May. After this incident she became aware of the conversations and they weren’t like they used to be (friendly having the craic it all seemed to be work only).

On 24/07/19 a new employee starts. On 03/07/19 a secret meeting between the Respondent and his Vets and Accountant in the office after hours. On 04/07/19 she went into work as usual as she approached the office the blinds were open which was strange got to the door and it was locked, as she opened the door there was chairs around the office she thought that was strange and said something went on here last night. The Respondent arrived into the yard at10am and she thought that was also strange (usually you wouldn’t see him on a Thursday) He entered the office and was very unsettled and acting strange. She asked him for a cheque for the student as her last day was on the Friday and from past students, he used to give them a token. He bit her head off and said he’s not giving her anything. She found this very strange then he said, can I talk to you outside. When we got out side he said he was summonsed to a meeting here last night and he has to accept her resignation as if she stays they will leave and he has to think of the practice. She was unable to speak. He went on to say he wanted her to stay for 6 weeks to train up the new girl she will be taking your job, the 6 weeks will bring you up to the middle of August and then you can go. She replied the she won’t be staying 6 weeks. He walked away from her and got into the Jeep and left. She walked into the office and the staff said are you ok? she told them what had happened. She was trying to work out everything in her head and get over the shock. At 1.00pm she rang him and asked him why he had not had a meeting with her and he replied he was forced into making this decision. She told him she was going home as she thought it was best for her mental health and she wasn’t in a fit state to meet anyone. He replied ok. And she replied sorry. That evening she received a text message from his wife and it said she really sorry the way things have turned out he has just been here & he’s feeling very bad about the whole thing, not sure if he told you he was summoned to a meeting last night with his team telling him they were not going to continue working for him if she didn’t leave. He is baffled he felt everything had been sorted and he was surprised when he was called to this meeting, as far as he’s concerned everything was going good, you’re the best sec he’s ever had but there’s no option if his practise is to continue. This text really hurt and she replied after several hours when she was able.

On 05/07/19 she was too hurt to talk to anyone. She went to the doctor who gave her a certificate for a month, he also wanted to put me on medication and I didn’t want to go down that road so he suggested she go to a psychologist. A client of the Respondent rings her and starts giving out to her hat his Test cannot be done as he was told that she walked out and brought all the passwords. This really annoyed her and she rang the Respondent straight away and told him all passwords were on the wall and she was holding back nothing.

On 08/07/19 she had a very bad weekend crying not eating not sleeping, churning everything over in my head. After almost 8 years she finds it very hard that morning. She attended the psychologist and advised her to get advice. The advice she got was to have a meeting with the Respondent and bring some one independent to take minutes. She contacted him and requested a formal meeting. They agreed on the 10th of July at 8pm in the office. On 10/07/19 she attended the psychologist again to try and calm herself for the meeting. On the way over she said to her husband she’s afraid of the Respondent and why was she like this. He replies you thought the world of him, you have so much respect and you were loyal to him, you would have put him before them sometimes. But you’ll sort this all out.

On 10/ 07/2019 they met in the office. She, her husband and a notetaker also the Respondent and his wife. She asked the Respondent who was at the meeting that decided she had to go. He told her she was informed already. She asked who called the meeting and he told her who it was. She asked then what was said at the meeting and why was she not invited to the meeting and he replied I can’t remember. He then went very quiet and thought before he spoke, he then went on to say it was a veterinary meeting. He then said they could not work with her and if she was staying, they were leaving. He also said the new girl felt the front office was a no-go area and one of the Vets said she was rude to the public hard to work with and she was bullying staff. Her husband asked why he didn’t have a meeting with her to let me know there was a problem and he asked him why the other Vets couldn’t work with her. He replied one of the Vets said she was hard to work with. She then went on to tell him how she felt and explained that after he had been to the doctor and the girl handing in her notice she told him she withdrew her resignation. He denied this conversation and said he always knew she was leaving and said that there was no hurry to leave which isn’t true. She asked him then if he knew she was leaving why didn’t he let me go on the 7th of June and he replied the new girl wasn’t fully trained and she said so you were using me to train up staff.

He went on to say one girl had handed in her notice because she couldn’t work with her This was news to her as she saw the resignation and there was no mention of this. He then went on to say previous employees left for the same reason. She then asked why had he never said anything to me if he knew there was a problem. Her husband then asked him why hadn’t he asked the vets what the problem was. She then went on to say I was in shock after the way she had been treated last Thursday morning. She explained she felt very hurt after 7 years and 10 months of loyal and dedication to him his practice and farm and helping other staff members and clients. She requested a letter stating he was sacking me and he replied, you’re not been sacked, you resigned. She handed him my cert from the doctor and left very annoyed and told him she was going to get legal advice. When she had left the practice yard she broke down was uncontrollable and started shouting at her husband saying why have I been treated like this after all I have done for him. That night everything was going through her head she cried herself to sleep.

On 11/07/19 she went to see her psychologist. During this session she said try and think how you could have upset the Vets. She remembered an incident with one of the Vets in early May. There was also another incident with dog food she then started to think the Vet wanted rid of her out of the practice because she was doing her job 100% and keeping an eye on her. On 15/07/19 she attended her psychologist again.

On 24/07/19 she received a letter from the Respondent that had her so annoyed it stated that she had agreed to finish with the practise on the 16th of August to allow sufficient time to train her replacement. This really hurt her as the new girl was a replacement for the other employee who had resigned. This letter now stated she was replacing her, also she didn’t agree to stay the 6 weeks. She was also hurt that this letter didn’t even acknowledge the meeting on the 10th of July. Her anxiety started to get worse and she had to book another session with her psychologist. At this stage her husband was very worried about her their 2nd wedding anniversary was the day before and they couldn’t go out to celebrate as she was afraid of meeting clients and didn’t know what to tell them. On 14/08/19 she received a letter from the Respondent, every time she got these letters she started suffering from anxiety. She was so hurt at this letter. This letter wanted to clarify some points.

1. That her notice had been handed in before the 15th of May and this was correct it had been handed in on Wednesday the 8th of May. It also said she informed his wife on the 9th of May when she called into the office. On the 9th of May his wife called into the office to look at a delivery that had her name on it but said it wasn’t hers. She arrived at the office and she was very busy helped her to open the parcel and have a look at it and when it was opened, she said it wasn’t for her. She left the parcel in the office and went home and I never spoke to her about my resignation. Then she texted her saying mystery solved its mine a surprise give it to the Respondent. It also wanted to clarify that she altered the advertisement for her replacement and this is half correct. The advertising agency rang the office on the 10th of June and asked could they have more information about the job as the job had very little information. From her memory she added the days of the week and times to the job advertisement. She also reported this to the Respondent when she next saw him and he told her that was ok. As far as she was aware the advertainment was to replace the other girl as it had went in after she was to leave on the 7th of June. It was also clarifying that she agreed to train the new employee and other staff members in the processes and systems in place before she went. She didn’t agree to this the only thing she agreed to was staying 2 weeks from the 4th of July but due to the way she was treated she had to leave for her mental health. This letter really upset her because as she was aware the new employee was to replace the other girl that left as she worked after the 7th of June and nothing had been said to her. She took it that the Respondent was accepting her withdrawing of her resignation on the 21st of May. If she had known, he wasn’t she would have left on the 7th of June. There was no discussion held after the 21st of May regarding her leaving.

On 15/08/19 another letter arrived from the Respondent this letter was a reply to her access of data request. It had a copy of the minutes taken at the meeting on the 10th of July, a copy of her P60, a copy of tax deduction card for 2019 and a copy of her written statement of terms of employment. This letter also had a big impact on her as she read through the minutes of the meeting on the 10th of July. She learned the minutes her notetaker had taken were very different. As she read through her terms of employment and got to the grievances part the Respondent hadn’t even gave her a chance of listening to her side of the story. She was also very annoyed that the minutes of the secret meeting on the 3rd of July wasn’t enclosed as the meeting was about her. She didn’t reply to this letter as she felt she was getting nowhere.

On 02/09/19 she returned to her place of work. She entered the office at 9.30am colleagues were present. They were all polite and said hello. One of them then asked what can we do for you. She said I’m returning to my job and she replied o rite. She then went down to the back of the office to put away my coat. The Vet followed her down and started asking what she what was doing? She replied I’m returning to my job. She then said in a raised voice you can’t come back here you are annoying the new girl, you can’t come back in here after you walked out, The Respondent never told her you were returning. You handed in your notice verbally. She replied saying she told the Respondent that she was returning and she told her she withdrew her resignation when the other girl resigned at that point, she started shouting louder at her to prove it, just get out, get out get out they are contacting the Respondent so get out of this practice. She replied I’m not leaving till I see the Respondent, to this she shouted louder saying just get out. As there were clients coming in and she didn’t want to make a fuss in front of them she left and waited in her car. There was no sign of the Respondent at 10.10 so she decided to ring him at 10.15 She told him she had returned to work and was verbally abused by the Vet. He said he’d be there in a minute. He drove into the yard and ignored her and went into the office. She went to the door and he met her in the door way and handed her a copy of the last letter she received and a copy of her fathers’ signature as he was the one that signed for it he said this letter explains all. She then went to tell him she withdrew the resignation and her knew it. At this point she was shaking and mentally couldn’t do anymore, so she told him she would be bringing this further and walked away. She believes that she was dismissed. She is seeking compensation. She has sought employment with very limited success. She got some part time work doing relief milking. She placed an add in the local paper offering her services as an administrator.

The Respondent is in business since 1977. There are currently three vets in the practice which deals with both large and small animals in the midlands area. There is also one full-time and one part-time veterinary assistant and a full-time veterinary nurse on site.

The Complainant was employed by the practice on the 1st September 2011 as a Veterinary

Assistant, Receptionist and Accounts Clerk, working hours; Monday to Friday from 9.30am – 6pm, covering additional hours as necessary. This position is salaried, paid weekly and does not attract overtime.

On 8th May 2019 she submitted her resignation verbally to the Respondent which was accepted and unquestioned by him. He informed the other vets in the practice later that day. A few days later she advised that her finish date was flexible as she was aware that a replacement would have to be found. She also confirmed that while her notice period would finish on the 7th June she “was in no hurry” and would stay until a replacement was trained up. The Respondent made the decision at this point to recruit a Veterinary nurse with administrative duties to replace her and requested the commencement of looking for a replacement.

On 16th May she forwarded a text she had received from her colleague in which she was complaining about how the Complainant had told her lies and had been “the hardest person she ever worked with and I see why everyone else walked out of there”. It is evident from this that the working relationship between the two ladies had broken down and presumably this is what the Complainant refers to when she states “there were a number of issues within the workplace” however no grievance was ever raised with the Respondent on this matter and therefore he was not in a position to deal with it.

On 20th May 2019 another colleague advised that she would not be returning to work from a term of absence and resigned her position with the practice. It was decided to appoint the part time employee to this full-time position as she had advised that she was taking a year off college. She had been working in the practice since May 2019 on a flexible basis providing absence cover. The Complainant was to train in the new person on some of the Veterinary system. The Respondent checked in with her on numerous times over the following weeks to see how the training was progressing and she informed him that she “didn’t want to overload her”. He trusted that she was moving it along.

I note the conflict of evidence in this case.

I find that the Complainant tendered her resignation to the Respondent verbally on 8th May 2019.

I find that the Respondent accepted it immediately, he did not ask her to reconsider or withdraw it.

I note that the Complainant then asserts that she withdrew her resignation on 21st May 2019, verbally to the Respondent. This was done following being told that a colleague had resigned so she decided to stay on.

I find that the Respondent did not formally agree to the withdrawal but appears to run with the situation that the Complainant was continuing in the employment.

I find that the confusion continued with time frames being discussed to train in the new colleague.

I find that if it was crystal clear that she had resigned then agreeing a time frame to conclude work was understandable.

I fail to understand why the Complainant would agree time frames if she was not leaving.

I note that the Respondent asserts that he conducted interviews for a replacement for the Complainant the first week of June, so why would they do so if she withdrew her resignation on 21st May. Could this interview be for her colleague who had resigned?

I note that the Complainant stated in her submission “the only thing I agreed to was staying 2 weeks from 4th July. So why make that statement if she was not leaving?

I note that a meeting of the Vets and Accountant took place on 3rd July 2019.

I note that on 4th July the Respondent spoke to the Complainant about when the training would conclude so that she had a defined finish date.

I note that a meeting took place with the Respondent on 10th July where the Complainant insisted that she had withdrawn her resignation. The Respondent disputed this.

I note that he also confirmed that the Vets in the practice were unhappy with the Complainant and he affirmed his acceptance of her resignation.

I find that the Vets made it clear that they did not want to work with the Complainant.

I conclude that if her resignation had been accepted as alleged by the Respondent and not withdrawn then there would be no need for the Vets to pressurise the Respondent to get rid of her, as she would be going anyway.

I must then conclude that in the Respondent’s mind he had accepted her withdrawal, leading him then to terminate her employment, albeit in the guise of accepting her resignation, following the pressure from his professional staff.

I note that in the Respondent’s letter to the Complainant dated 13th August they stated, “at no time thereafter were you asked to withdraw your notice”. I find that that is correct, but the Complainant is not alleging that she was asked to withdraw her notice, she states that she withdrew her notice and the Respondent accepted it.

I note the conflict of evidence and the lack of clarity in this case. On the balance of probability, I find that the Complainant withdrew her notice and it was accepted by the Respondent, albeit informally.

I find that the working relationship between the staff in the practice was not good.

On the balance of probability, I conclude that the Complainant had an inflated opinion as to her value to this employment.

I find that the Respondent received an ultimatum from the professional staff and he sought to reverse the withdrawal and for the Complainant to leave the employment.

I find that this amounts to a dismissal.

I find that this dismissal was both substantively and procedurally unfair.

I find that the Complainant has contributed to her dismissal through what appears to be an inflated opinion of her worth to the practice and her working relationships with her colleagues.

I find that the actions of the Respondent reflected an informal approach to management that went wrong.

Unfair dismissal following resignation and withdrawal of notice.