Worker

Employer

Anonymised Parties

A Worker

A Company

Representatives

Richard Stapleton Solicitors

Act

Dispute Reference No.

Date of Receipt

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

IR - SC - 00001761

07/09/2023

The worker has been employed by the company for the last ten years. As her job involves payroll, she felt she was contacted unnecessarily when she was on bereavement leave after the death of her mother. When she returned to a backlog of work, she threatened to quit her post and left the office. After contact from the Director, she agreed to return the next day and got on with clearing the backlog. It was known over the following months that she was seeking another job outside of the company. She then informed the Director she had a job offer.

To ensure the company had a replacement, the Directors took steps to interview and hire a replacement. The company anticipated that the worker was leaving even though there was no formal, up to date notice. In the end, the worker refused the job offer and was then informed that her earlier resignation request had been accepted.

The worker stated she was not treated in a respectful manner around the time of her mother’s bereavement. She also contends that normal procedures were not followed as the earlier resignation request had expired as she had returned to work afterwards.

The worker felt she was not treated in a respectful manner during her bereavement leave. As she is responsible for pay she is often contacted outside of work hours in order to ensure that payroll and payments are up to date. She said that the company should not be so dependent on her and should have made the necessary arrangements for her work to be covered. She stated the way she was treated has caused her considerable stress and financial loss. She also contends that there has been a breach of procedures in the way she ultimately had to leave the company.

Her employer made the case that they had sufficient notice of the workers intention to resign and they needed to have a succession plan to ensure payroll and payment deadlines were met. The company understood the worker had a job offer and her days were numbered with the company. They accepted she was a good and reliable worker over the ten years with the company.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

Although the worker had a job offer which she ultimately refused, she did not put the company on formal notice of her resignation. The earlier communication on her ‘quitting’ was done in haste and she returned to work as normal afterwards.

Fortunately, the worker has found alternative employment although she had a loss of earnings for several months. The communications within the company were poor in presuming she was resigning. This caused her considerable difficulties towards the end of her employment, after ten years of loyal service.

I recommend the company pay the worker €13,000 in compensation, in full and final settlement, arising from the particular circumstances.  

Resignation, Procedures