Complainant

Respondent

Anonymised Parties

An Agricultural Worker

A Farmer

Representatives

none 

none 

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00034923-005

28/02/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00034923-006

28/02/2020

The Employee commenced work as an agricultural worker on 21 November 2019 until his claimed dismissal on 16 January 2020. The Employee submitted that he was paid €302.50 gross and €300 net for a 45 - hour week, on the complaint form. He claims he was unfairly dismissed and bullied   by the Employer. The Employer denies all claims.

CA-00034923-005 Dismissal:

The Employee was milking cows in the milking parlour on 16 January 2020 with another employee, his father, when the other employee was kicked and crushed by a cow against a wall. The Employee claims he slapped the cow to move it along. He submits that the Employer came over to him and started shouting and roaring at him and told the Employee, and his father, to get off his farm and to never come back.  

The Employee submits that this incident left him drained mentally and physically. He claims that he went back to the farm with his partner to seek money owed but that this claim was eventually processed by the Workplace Relations Commission inspection process under the Payment of Wages Act 1994. He received €250 from the Employer though he claims there is still €250 outstanding.

CA-00034923-006 Bullying:

The Employee claims that the circumstances relating to the dismissal, and its aftermath, is the focus of his dispute.

CA-00034923-005 Dismissal:

The Employer submits that he became angry when he saw the Employee excessively beating a cow with a milking cluster. He submits that animal welfare is important, and he considered the actions of the Employee to be an act of cruelty. He submits that an argument ensued, and the Employee and his father shouted at him during the verbal altercation that they were going to a neighbouring farm for a higher wage of €13 an hour. The Employer claims that the Employee resigned and therefore there was no dismissal.

CA-00034923-006 Bullying:

The Employer rejects the accusation that he ever bullied the Employee. He submits that the employee was initially taken on by him as a favour for his father. He claims he treated the Employee well and he had a good personal relationship with him prior to the incident of 16 January 2020. This included access to the Employers family home on a regular basis as well as having his meals paid for in a local restaurant.  

CA-00034923-005 Dismissal:

The Employer gave a credible account that he saw his animal being mistreated. Whereas the Employee submitted that he only gave the cow “a slap” I am more inclined to believe that there was more than that involved. Both parties agree that there was a verbal altercation which led to the termination of employment. It is difficult to conclude whether such ‘heat of the moment’ situations are clearly resignations and/or dismissals; I conclude it was a mixture of both.  However, such an inconclusive finding of fact does not absolve the Employer from his obligation to follow up with the Employee as to his status. Furthermore, there was no attempt by the Employer to initiate any kind of procedure with regard to the alleged gross misconduct.  

In conclusion on this dispute I find that the manner of the termination was unfair in that the Employer did not carry out any of the requirements that a reasonable employer would carry out in such a heated situation. The Employer failed to follow up on his actions either by formal correspondence or any contact with the Employee. I find that the Employee was not blameless in this situation. There was a credible account given of mistreatment of an animal and furthermore he did not deny that he shouted he was going elsewhere for higher wages. I therefore find that there was an unfair dismissal but that the Employee contributed significantly to his dismissal. I recommend that the Employer should pay the Employee €500 as compensation for the unfair manner of his dismissal and that the Employee would accept this sum as full and final settlement of his dispute with the Employer.

CA-00034923-006 Bullying:

The Employee admitted that he made no bullying complaint during the tenure of his employment and that his bullying complaint related to the circumstances surrounding his dismissal and the events that occurred in the aftermath of the termination of employment. I am not in a position to investigate a bullying complaint save where such a complaint was made during the period an employee was employed and to determine whether such a complaint was processed in a fair manner. The circumstances relating to the dismissal have been investigated elsewhere in this decision and I do not have jurisdiction to investigate matters that occurred after cessation of employment. I do not find in favour of the Employee on this claim.

CA-00034923-005 Dismissal:

 I recommend that the Employer should pay the Employee €500 as compensation for the unfair manner of the Employee’s dismissal and that the Employee would accept this sum as full and final settlement of his dispute with the Employer.

CA-00034923-006 Bullying: I am not in a position to investigate a bullying complaint save where such a complaint was made during the period an employee was employed and to further determine whether such a complaint was processed in a fair manner. The circumstances relating to the dismissal have been investigated above and I do not have jurisdiction to investigate matters that occurred after cessation of employment. I do not find in favour of the Employee on this claim.

Industrial Relations Act 1969, Bullying, Unfair Dismissal.