ADJ-00026684 - Workplace Relations Commission A Worker V A Manufacturing Plant

• Jurisdiction: Ireland
• Judgment Date: 15 June 2023
• Court: Workplace Relations Commission
• Date: 15 June 2023
• Hearing Date: 27 February 2023
• Docket Number: ADJ-00026684
• Respondent: A Manufacturing Plant

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The claimant was employed as an administrator with the respondent from the 18th.May 2010 – she maintained that she was constructively dismissed by the respondent on the 2nd.August 2019. She contended that she had been the subject of ongoing bullying behavior by 2 other colleagues The complainant asserted that she made a complaint about the bullying behavior and was victimized as a result of having made the complaint .Her complaints were not upheld .She contended that a disciplinary process was initiated for having made the complaint and that she was victimized and left with no option to resign as all trust and confidence in her employer had been breached.The respondent denied that the complainant had been constructively dismissed .The respondent asserted that it had at all times acted reasonably and contended there was no basis for a complaint of constructive dismissal.

Summary of Complainant’s Case:

The complainant ‘s first submission to the WRC is set out below : Submission on behalf of Linda Cunningham ADJ – 00026684 CA- 00034004 1. It is our submission that the Complainant was unfairly dismissed by way of constructive unfair dismissal in accordance with Section 8 of the Unfair Dismissals Act, 1977. 2. Furthermore, it would be our contention that the Respondent has failed to rebut the presumption that the Complainant was unfairly dismissed by way of constructive unfair dismissal in its Submission. Indeed, we would submit that the Respondent’s Submission contains significant errors both in terms of the facts of the case and the interpretation of case law precedents on the burden of proof required for constructive unfair dismissal complaints. Background Statement of Complainant : a)I say that I resigned on the basis of constructive unfair dismissal on the 2nd.August 2019. b)I commenced work as a Sales Administrator with the respondent on the 18th.May 2010.I was employed for 24 hours per week. My duties included printing dispatch dockets , invoicing , credit control , stock reports , wages amongst other tasks. c)My Administration Manager at the time was Ms.K .I always had a good relationship with my Manager and there were no issues whatsoever about the standard of my work. d)From around 2016 a new Administration Manager was appointed, Ms.S. Initially I had a good working relationship with her but this changed when a new computer system was implemented in January 2017.From that date , I was subjected to ongoing bullying behaviour by my Administration Manager and Financial Manager , Ms.M. e)Matters were compounded when I was called to a meeting with my Administration Manager and Financial Director Mr.McE on the 7th.Sept. 2017.At the meeting I was informed that my role had been changed to that of Purchase Ledger and that the employee currently in that position would be transferred to my role as Sales Administrator .I was not given any reason for this variation to my contractual role nor was I provided with an opportunity to respond. I did say that I was concerned as I was employed for 24 hours per week and the position of Purchase Ledger was a full time role of 40 hours per week. Neither Ms.S nor Mr.McE would listen to my concerns and simply stated that with the new system in place the role could be undertaken in my contractual hours. f)From the date of the meeting until I commenced long term sick leave on the 23rd.March 2018 , I regularly expressed my concerns about the role to my Administration Manager but to no avail. My work conditions became progressively more stres and this is a matter that I will elaborate on during the Adjudication Hearing. I was provided with no support whatsoever and indeed I felt ostracised and I was treated with disdain by my Administration Manager and Financial Manager. The Financial Manager in particular subjected me to ongoing bullying behaviour in terms of undermining and humiliation. She would regularly shout at me when I asked for help over the phone g).I lodged a complaint to my Administration Manager in respect to the Financial Manager’s behaviour towards me on the 5th.December 2017.No proper internal grievance procedures were followed and my complaint was not investigated. Indeed it would be my submission that as a result of my complaint , I was thereafter victimised by my Administration Manager who issued disciplinary proceedings against me. This was the first time during my entire period of my employment of 7 years that an issue was raised in terms of my ‘underperformance’. As a result , I suffered stress related symptoms and was certified as unfit for work by my doctor , prescribed medication and referred for Psychological Support Services. h)I resigned on the basis of Unfair (Constructive ) Dismissal on the 2nd.August 2019.My employer responded by inviting me to engage in the Company’s grievance process. Mr.McE Finance Director was appointed to conduct an investigation into my allegations of bullying. A number of investigative meetings took place and the findings were issued on the 20th.Jan. 2020.My complaints of bullying were not upheld. The investigator did however , conclude that the Employer’s :”…Disciplinary process was flawed as it was not conducted in accordance with the company’s disciplinary policy “.He recommended that “ ..the disciplinary process be recommenced from the outset should the Company consider it appropriate and necessary to do so. It would be my submission that the investigative process was biased. i)It is my contention that the disciplinary process that was instigated by my Administration Manager had no basis and indeed was precipitated by the fact that I had issued a complaint that I was subjected to bullying by my Financial Manager. I was therefore victimised and it would be my submission that I had no option but to resign as all trust and confidence in my employer was fundamentally breached. It would therefore be my respectful submission that a finding of constructive dismissal should be made against my employer due to their actions towards me. 3. We refer to Statement of the Complainant for the background to this matter. The Complainant was employed as a Sales Administrator at the Respondent Company from 18th May 2010. She was employed as a Sales Administrator for 24 hours per week and her duties included printing dispatch dockets, invoicing, credit control, stock reports and wages amongst other tasks. The Complaint’s Manager at the time was Ms.K. She had a good relationship with her and there were no issues ever raised about her work. We would submit that it is noteworthy that the Complaint was never formally appraised in relation to her work as no such procedure was implemented in the workplace. 4. We refer to Paragraph 4 of the Complainant’s Statement that from 2016 a new Administration Manager was appointed Ms.S. The Complainant states that initially she had a good working relationship with her Administrative Manager but that this altered when a new computer system was installed in January 2017. From that date on the Complaint states that she was subjected to ongoing bullying from both her Administrative Manager and the Financial Manager, Ms.M. 5. We refer to Paragraph 3.1 of the Health and Safety Authority Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work for the definition of bullying . Bullying is defined as ‘repeated behaviour, direct or indirect, whether verbal or physical or otherwise, conducted by one or more persons against another or other, at the place of work and in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work’. Further, it is stated that: ‘Bullying puts at risk, the safety, health and welfare of people at work’ The Code describes patterns of bullying behaviour to include: undermining behaviour, humiliation, verbal abuse/insults, excessive monitoring of work and blame for things beyond the person’s control. This list is not exhaustive. 6. We refer to email from the Complainant to Mr.McE dated 13th September 2019 for details of bullying incidents that the Complainant was subjected to. Difficulties started for the Complainant when a new computer system was introduced in the workplace....