Complainant

Respondent

Parties

Thomas  Byrne

Anas Heffernan

Complainant

Respondent

Anonymised Parties

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Representatives

Robert Jacob Jacob and Twomey

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-00042087-001

20/01/2021

The Complainant alleges that he was unfairly dismissed from his employment. The Respondent denies the allegation.

The Complainant after taking the Affirmation gave his evidence as follows:

On Saturday 1st August, the Complainant was due to go on two weeks holiday. He called into the house to collect his wages, but Ms. Heffernan was not there. He called her on her mobile. She said she was in the town. She said she would be back in an hour. The Complainant didn’t want to wait so he left. The Respondent states that he got upset about her not being there, the Complainant denies that. The Complainant called in again on the Tuesday. He accepts he was a bit put out about having to go back on the Tuesday whilst he was on his holidays. He denies that he was very aggressive or that he spoke to Ms Heffernan in an inappropriate way. The Complainant denies that he told Ms Heffernan to “stick her cheque”.  She was reluctant to give him his pay but eventually she did. When he returned from his holidays on the Sunday night, he was told by Anas Heffernan that there was no job for him. He was instructed to leave the premises, or the Gardai would be called. The Respondent made no attempts to contact the Complainant after that. The Respondent stated that they tried to contact Mr. Byrne several times at the end of the holiday period to see if he was coming back but that is denied.

A few weeks later the Complainant got a new job. The basic pay is higher now than with the Respondent. The Complainant denies that he said on the Tuesday when he went to collect his wages that he had already set up a job and he was “out of there”.

He wrote to Ms. Heffernan on the 17th asking what the status of his employment was. She wrote back and stated there was no job for him there. The Respondent has no recollection of the letter. The Complainant did not submit the letter.

Under cross examination the Complainant said that Ms Heffernan stated that she could only give him one cheque and he said “well if it’s that much of a big deal she can leave the cheque there”. One of his days of his holidays was taken up by having to go back and collect his cheque.

Anas Heffernan after taking the affirmation gave her evidence as follows:

The Respondent runs a haulage business. They collect the papers in Dublin and distribute them. They have five employees. The Complainant started in 2006. He was a driver. There were no issues with his driving. He was a good employee.  

On the 1st August Mr. Byrne called Ms. Heffernan when she was in the town. He wanted his cheques. She said she would be back in an hour. When she got home, she asked if her had been there. She was told he had been but he left. On the Monday 3rd August he came to collect his cheques. He was cross about Ms. Heffernan not being there on the Saturday. He said “you can stick you cheque up your….”. He was loud and shouted at Ms. Heffernan. He said that he had another job to go to. He was given his cheques that day and he left.  

Two weeks later on Monday 17th August. He barged in and started shouting at Ms Heffernan again. Ms. Heffernan had tried to called him during his vacation to see if he was coming back because he had told her, he was “out of here” during their previous encounter.  He didn’t take the calls. Ms Heffernan thought he was leaving so she employed a new driver.

Ms Heffernan Jn after taking the Affirmation gave her evidence as follows:.

Ms. Heffernan Jn had called into visit her mother. She was in the kitchen at the time Mr. Byrne came in. He walked up the corridor. She heard shouting and crying. She walked into the room and asked him to stop shouting at her mother. She heard him say “you can stick your cheque up your arse.” He then said “I have another job anyway “ and he stormed out.

The Complainant started working for the Respondent in 2006. He was a driver. There were no issues with the Complainant until the weekend of the 1st August. It is not contested that the Complainant called Ms. Heffernan on the 1st looking for his cheques. He was due to go on holidays that day. She was in the town doing the shopping when he called. She informed him that she would be back in an hour. He didn’t want to wait so he headed off. After the weekend he returned for his cheques. It is from this point that the parties disagree on the turn of events. The Complainant states that he did not shout at Ms. Heffernan and did not tell her he had another job to go to or that she could “stick her cheques……”. However, the conversation was overheard by Ms. Heffernan’s daughter who was so concerned for her mother she entered the room they were in and insisted that Mr. Byrne stop shouting at her mother. She also heard him say where Ms Heffernan Sn could stick the cheques and that he had another job lined up. I found Ms. Heffernan’s evidence credible when she stated that she tried to call Mr. Byrne during his vacation to see if he was actually coming back on the 17th or not, but he did answer the call. I also note that the Complainant secured new employment almost immediately after his employment with the Respondent ended.

Having considered all of the evidence adduced, I find that the Complainant, due to the fact he was annoyed that he had to come back for his wages whilst on his holidays did speak inappropriately to Ms. Heffernan and did tell her that he had another job lined up. That is corroborated by the fact he secured new employment almost immediately.  On that basis I must conclude that he resigned his position on 3rd August, therefore his complaint is not well founded and accordingly must fail.  

The complaint fails.

Unfair Dismissal. Conflict in evidence. Resignation. Mitigation of loss.