Worker

Employer

Anonymised Parties

{A Worker}

{A Launderette}

Representatives

Stephen McGrath Burns Nowlan LLP

Pauline Curran Curran HR Consultancy Limited

Act

Dispute Reference No.

Date of Receipt

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

04/02/2021

The Complainant was employed as a Manager with the Respondent from 1st May 2015 until 11th August 2020 when she resigned.

The Complainant was a manager with the Launderette from 2007. Her employer was aware of her serious back condition which is aggravated by standing in one place carrying out ironing. The condition is getting progressively worse. The Complainant was asked to iron even though it aggravated her back. She told the owner about her hormonal condition.

The Complainant was carrying out administrative duties from March 2017 until August 2019. The administration work ceased when she was requested to cover a colleague on annual leave in another shop. The owner took on a friend to cover the administration work, so this person could take over when the Complainant had surgery. The owner’s friend was then employed full-time.  In March 2020, the Complainant was laid off due to Covid-19. She was informed the business would reopen on 31st August 2020.

On 27th July 2020 she was given two options for her return, both options included ironing as part of the role. The Complainant was being forced out of her role.

The company failed to give her a suitable role, she had no alternative but to resign. She informed the company that the new position was unsuitable and put her mental and physical health at risk. The owner could have offered counter work in one shop or administration in the factory, but did not.  The Complainant was not given the grievance procedure. She resigned on 11th August 2020.

The owner took over the business in April 2014.

The owner knew about the Complainant’s back condition in 2018. In 2019 the Complainant told him her new surgeon wanted her to go for surgery in the UK. The Respondent says they took on a new member of staff to cover the Complainant’s role. The Complainant told him to arrange cover for her role. She suggested the person to cover her role as she knew him.

The owner gave evidence the snow and bad weather affected the business as the shops were closed for two weeks in 2018, then the heatwave. The business lost about fifty thousand euro and was under pressure. He said the Complainant chose to go to the particular shop where there were two employees present, but only one was needed for the shop. The Respondent says very little ironing was required maybe two or three customers per week. He says the Complainant did her own ironing in the shop and never said she had any issue or problem. She never missed a day’s work

The owner said he had a meeting with the Complainant’s partner who said she was not able to iron. The Complainant never said this or put anything in writing about this.

The staff would provide an express service washing and ironing in the store if the items could be done quickly. If not, they had the option to send the clothes to the factory. The Complainant washed, dried and ironed her personal items in the shop every week.

The Respondent said the Complainant was on the PUP and refused to return to work on 31 August 2020.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The Complainant has resigned from the employment. I found the Complainant was constructively dismissed in a related decision.

In the circumstances, I make no recommendation.