Worker

Employer

Anonymised Parties

Leisure Club Attendant

Leisure Club

Representatives

  Self

David Gaffney Gaffney Solicitors

Act

Dispute Reference No.

Date of Receipt

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

CA-00045584-001

28th March 2021

The Employee was employed from the 1st November 2019 until the 29th July 2020 as a Leisure Club Attendant. He worked 20 hours per week, and he was paid €200 gross.  The Employee stated that he was forced   to leave his job due to the Conduct of his employer and others. The employee stated that he was appealing for constructive dismissal in light of his previous complaints.

A.          His experience of working in the leisure Centre and the build -up of evidence show that some staff have a bullying mentally.

B.           That the Employer has not dealt with bullying as required under the Employment Equality Acts 1998

C.           The employer has refused to deal with his complaints or written answer to our meeting until I was certified fit to return to work

D.          During his employment he felt that he very undermined

E.           Breaches of HAS Guidelines i.e., Intimidation, aggressive interactions

F.           The employee names other employees who bullied him

The employee stated that his verbal complaints were dealt differently in comparison to how the three allegations about him were addressed

 It was stated that as was out on certified sick leave 7th August 2020 the complaints could not be dealt with until such time as he was certified fit to return to work

However, the employee stated that the employer responses changed on the 2nd April 2021, shortly after receiving the complaint from the WRC after eight months of proclaiming that it couldn’t be investigated until he was certified to work

The employee stated that he was forced to leave his employment because of the employer’s and other behaviour.

The employer confirmed that the employee commenced employed on the 1st November 2019 working 20 hours per week

The employer confirmed that the employee had made complaints, but the practice was that while an employee was on sick leave no action could be taken for many legal reasons

As an employer they were always willing to investigate the complaints, but these were being added to an ongoing basis.

The employer rejected that employee assertion that he was forced to resign as they were never given the opportunity to investigate fully the employee complaints as he was out on sick leave.

Both parties made written and verbal submissions the hearing

I find that the Employee submitted substantial amount of documentation from his point of view. I find that I examined all the documentation and while some could be classed as hear say in the absence of direct witnesses. I find that as the employee was on sick leave difficult issues could have arisen if the employer proceeded to an investigation. I find based on case precedents that investigations are not carried out while an employee out on sick leave especially when the illness relates to issues of mental health

Based on the relevant document I am making the following;