AJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ 42618
Parties:
| Worker | Employer |
Anonymised Parties | A worker | A company |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00048744-005 | 21st February 2022 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 23/11/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The worker was employed for just over six months. |
Summary of Workers Case:
The worker was employed for just over six months and recounted difficulties in trying to access her employment rights and difficulties in obtaining documentation. She became anxious and went off on sick leave, which was accompanied by the appropriate GP certification. The worker noted that upon her return she was ignored and reprimanded and felt isolated in the workplace. She left work that day with a panic attack and went on sick leave again. During this period of sick leave, she submitted her resignation. The worker submitted that she had no other option but to resign. |
Summary of Employer’s Case:
The employer submitted that the workers version of events was not borne out by the reality that in a small office when people are under pressure, they have to just get on with the job. The employer noted that the worker never tried to raise the issues that she felt she had with the managing director and seemed to resign as a first choice rather than a last resort. The employer submitted that there is a heavy burden upon someone who is taking a constructive unfair dismissal complaint and that there is an onus upon to try to resolve matters The managing director submitted that he tried to call the worker, but she did not return his calls. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker admitted that she did not try to contact the managing director when he tried calling her as she was on sick leave so didn’t return his calls. In such circumstances, it is hard to conclude that the worker was left with no other option other than to resign. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having regard to the written and oral submissions of the parties, I recommend that the employer draft comprehensive written Human Resource policies and ensure that all employees have a copy of the policies in writing.
I recommend that an employee engage with an employer prior to submitting a resignation notice.
Dated: 16-01-2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations Act – recommendation on written procedures – recommendation on employee/employer engagement. |