ADJ-00033507

Complainant

Respondent

Parties

Bryan Murphy

West Cork Distillers West Cork Distillers

Representatives

Ronan Daly Jermyn Solicitors

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-00044460-001

03/06/2021

The Employee is claiming constructive dismissal which is denied by the Company

The Employee commenced employment with the Company on 2nd September 2019. He was paid Gross €525 (€452 nett) working a 42-hour week.  The Employee was of the view that he was to be part of the marketing role the Company was setting up going forward and it was his believe that he was recruited for a marketing role which was in keeping with his degree.  The job he had on the bottle line was meant to be a temporary position only.

The Employee gave details of his educational qualifications   including his degree. He only accepted that role on the bottle line on temporary as he was told it was very busy while waiting to fill the role in marketing.

He stated that the Company kept stringing him along. He submitted that he was not provided with a contract of employment as the Company did not have a Human Resources Person employed at the time.

His pay increased to €12.50 per hour from the 1st April 2020. The Employee submitted that he eventually did get a draft contract of employment but the draft did not acknowledge the promises that had been made to him and when he raised this the employment contract was snapped off him by the Company Director.  He never saw it again so that’s why it isn’t signed by him.  

 He also had other issues with the contract such as commencement date and he did not get a company handbook before the 25th March 2020.

The Employee stated the Company submitted that at no stage in March 2021 did he raise issue, or they were not aware of his stress.  Yet in the report sent by them by their own occupational health doctor, they acknowledged they had been told of his mental health issues at a meeting on December 16th plus they also refer to his “audible” disputes with the Directors.  They also highlight his sick leave as being above normal and the company told the company doctor to send him to a counsellor during 2020, so the claims by the Company of not knowing he was having issues is not correct.

He was put under intolerable pressures by the directors, belittled by one on WhatsApp in a group with employees (this features in the company affidavit) and by another who was telling him what he wanted to hear regarding the graduate marketing role in a tourist centre that they now say was never going to happen.  

The HR manager claims in the paperwork that she kept contact with me during sick leave “to a minimum”.    

As you will see in the paperwork they supplied, there are 40 different pages of contacts with me during my sick leave.  

The Employee stated he felt she (HR) knew what he was going through as she (HR) was in regular touch with him, she (HR) knew about the “audible” arguments with the directors and also she(HR) also knew he had been locked out, promised better jobs, etc.  

Because of the promises that were made to him, the attitude and approach of the directors he was forced to leave his position.

The Employee was cross examined by the Company solicitor on a number of issues that he had raised

The Company denied that the complaint was promised any position as marketing.

It stated by a director that the Employee’s mother had approach him for a job for her son. At no stage was she ever promised a position in marketing for him.

The Directors all (3 of them) gave the evidence where they each gave a different version surrounding the employment of the Employee and the different interactions that took place during his employment.

While it was acknowledged the Employee had difficulties however, he was always dealt with in a polite manner

Evidence was given by the director’s that the Employee resigned the position of his own choice, and he was not pressured by anyone.

The Employee left his employment of his own free will and therefore his complaint for constructive dismissal should fail

Both parties made written submission

I find there is a conflict of evidence between the parties in relation to the position the complaint was employed for.

I find that the Company did not have an HR person employed at the time to minute all discussions took place between them.

I find that the Employee’s evidence very persuasive. I find that when he was crossed examined by the Company’s legal representative that his answers were immediate, and he acknowledged some points that were asked of him

I find the evidence from the directors wasn’t as convincing

I find that the MD was asked some questions and where he could not recall the events.

I find that the Employee was not provided with a contract of employment when he was employed.

I find taking everything into consideration I find that Employee was left with no option but to resign

Loss of earnings

I find that Employee confirmed he was employed almost immediately, and, in such circumstances, I am making the following 

I find that the Employee case is well founded and I award him 4 weeks’ pay €2100 in full and final settlement of his case.