Complainant

Respondent

Parties

Ms Derron  Briggs

William Hayes t/a International Assets Protection

Representatives

  Self represented

 William Hayes

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-00039971-001

21/09/2020

The Complainant contends that she was unfairly dismissed from her employment by way of constructive dismissal.

The Complainant stated that she was employed in Kennels by the Respondent from 28 May 2018 to 14 September 2020 when she resigned her position.  She stated that due to the situation she found herself in she could no longer work in the employment.  She recounted a number of matters which included reduction of hours, such that it was not possible for her to subsist on her wages, she had hours reduced before when she discovered she was not being paid the national minimum wage, family members of the owner were being brought in which also contributed to the hours reduction.  In August 2020 the Complainant submitted a complaint of bullying & harassment against the Manager who she contended referred to her in an insulting manner.  She received no outcome of her complaint and felt she had to resign.  She put her reasons for resignation in writing to the employer.

The Respondent stated that he did carry out an investigation into the Complainant’s complaint of bullying and he did administer a warning to the Manager.  The Complainant had left the employment before the outcome could be notified to her.  Regarding reduction of hours, the Respondent agreed that he reduced her hours, but this was in accordance with her contract of employment, and some weeks her hours were more than other weeks.  The Respondent denies that the Complainant was constructively dismissed.

The definition of constructive dismissal as provided for in the Act is as follows:

“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”

Having reviewed the evidence and submissions in this case I find the following:

The Complainant’s hours were reduced in circumstances where other individuals were taken into the employment, which hampered her ability to earn a living wage.  I note the evidence that the outcome of the complaint she made against the Manager was that he was sanctioned before her resignation but she was not advised of any outcome.  It is established case law that in the event of an employee resigning, that the employer should make every effort to give the employee an opportunity to reconsider.   This was not done in this case.  Taking all the circumstances into account, I uphold the Complainant’s claim that she was constructively dismissed.  I note she secured alternative employment within a short time following her departure from the employment.

Regarding compensation, section 6 (a) (ii) of the Unfair Dismissals (Amendment) Act 1993 provides that:

“if the employee incurred no such financial loss, payment to the employee by the employer of such compensation, if any, but not exceeding in amount four weeks remuneration in respect of the employment from which he was dismissed calculated as foresaid as is just and equitable.”

I uphold the complaint and set compensation to be paid to the Complainant by the Respondent at €400.  

Unfair dismissal, constructive dismissal.