Case Number: ADJ-00000008. Workplace Relations Commission

Docket NumberADJ-00000008
Date16 March 2016
CourtWorkplace Relations Commission
PartiesAn Employee -v- An Employer
ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000008

Complaint(s)/Dispute(s) for Resolution:

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-00000013-001

01/10/2015

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00000024-001

02/10/2015

Date of Adjudication Hearing: 27/01/2016

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, 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).

Complainant’s Submission and Presentation:

The complainant was employed by the Employer as an Operative (Shift Manager) for 5 years. The Claimant was unfairly dismissed by his Employer on 17th June 2015 in the circumstances more fully set out hereunder. Prior to the Claimant’s dismissal by the Employer on 17th June 2015, the Claimant had only ever been the subject of two complaints from the Employer in respect of the Claimant’s employment with the Employer. The Claimant received a verbal warning on 11th June 2014 that remained in place for 6 months for running in the aisles of the Employer’s factory premises in alleged breach of the Employer’s health and safety procedures. The practice that resulted in the Claimant receiving the verbal warning was a practice in which the Employer’s employees regularly engaged in and was a practice that was not actively discouraged by the Employer but tolerated by the Employer as a means of aiding the Employer’s employees in meeting the Employer’s production deadlines. The second complaint related to a breach of the Employer’s health and safety procedures. In or around June 2014, the Claimant cut a roll of plastic while the rollers were turned on (which speeded up the process), which was contrary to the approved procedure of first turning off the machine and then cutting the plastic. The Claimant was given a written warning which remained in place for one year. The Claimant sustained an injury in an accident in the workplace during the course of the Claimant’s employment on the 16th April, 2014. The Claimant suffered personal injuries to his left foot/ ankle. After some consideration, the Claimant decided to take a personal injuries claim against the Employer. As of the date of this Complaint Form, the claimant’s personal injuries claim is currently with the Injuries Board for assessment. When the Claimant’s Manager became aware of the fact that the Claimant had lodged a personal injuries claim against the Employer in respect of the accident that occurred on the 16th April 2014, he began to behave adversely to the Claimant from then on until the date of the Claimant’s dismissal on 17thJune 2015. In particular, he approached the Claimant on several occasions (including in particular, but not limited to, approaches made on 16th June 2014 and on 3rd March 2015) and stated to the Claimant that the Claimant should not pursue his personal injuries claim. Moreover, the Manager regularly approached the Claimant and sought updates as to the status of the Claimant’s personal injuries claim. Further, to the Claimant’s knowledge, the Manager questioned other employees as to the status of the Claimant’s personal injuries claim. Further, he went so far as to approach the Claimant in an attempt to settle the Claimant’s personal injuries claim directly with the Claimant despite being fully aware that the Employer’s insurance company was dealing with the matter on the Employer’s behalf and despite being advised by the Claimant that his Solicitors were on record for the Claimant in respect of the Claimant’s personal injuries claim. This conduct on the part of the Manager towards the Claimant amounted to bullying, harassment and intimidation by him of the Claimant that was motivated by the exercise by the Claimant of his constitutional right to institute proceedings against his Employer in respect of the injury suffered by the Claimant during the course of his employment and that constituted an unlawful attempt to dissuade the Claimant from proceeding with his personal injuries claim. On the Claimant’s instructions, his Solicitors wrote to the Employer and to the Employer’s Insurance Company on record in respect of the Claimant’s personal injuries claim on two separate occasions (by letters dated 20th June, 2014 and 31st March, 2015) requesting that the Manager refrain from intimidating or speaking to the Claimant about the Claimant’s personal injuries claim. However, despite these Solicitor’s letters dated 20th June 2014 and 31st March 2015, the Manager continued to approach and harass the Claimant about the status of the Claimant’s personal injuries claim and did so until the date of the Claimant’s dismissal on 17th June 2015. In or around June 2014, prior to the date of the Claimant’s dismissal on 17thJune 2015, the Manager approached the Claimant while the Claimant was working and uttered the following remark to the Claimant: “do you think I will take this lying down, I’ll fight tooth and nail, this will take years. How much do you think you will get”. Unfortunately, the Claimant was involved in a second accident in the workplace on 18th May, 2015 in which the Claimant suffered further personal injuries. The Claimant sustained an injury to his right ring finger when it became trapped between two rollers, which caused the Claimant to sustain a fracture to his right ring finger and the tendons to become removed from the bone. The Claimant is currently under the ongoing care at Waterford University Hospital in respect of this injury. The Claimant intends to bring a further personal injuries claim against the Employer in respect of the further personal injuries suffered by the Claimant during the course of his employment on the 18th May 2015. Following the accident of the 18th May 2015, the Claimant was not in a position to carry out his work with the Employer and the Claimant was certified as unfit for work with his Employer from 18th May 2015 until 26th June 2015. The Claimant was placed on disability with the Dept. of Social Protection (in or around October 2014, the Claimant had been suspended by the Employer from the Employer’s Company Sick Pay Scheme due to a miscommunication with the HR Department of the Employer in relation to sick pay Certificates, thus making it necessary for the Claimant to register for disability benefit with the Dept of Social Protection). During the course of the Claimant’s employment with the Employer, the Claimant extended occasional, informal and limited assistance to his brother in his brother’s recently opened food business in a Public House.. This assistance consisted of attending at the premises for short periods during which the Claimant inter alia took some customer food orders and served some customer food orders. At no time was the Claimant employed by his brother and at no time was the Claimant otherwise contracted to his brother for reward. The Manager became aware of the Claimant’s attendance at the Claimant’s brother’s premises. On Friday 12th June 2015, he telephoned the Claimant and stated to the Claimant that he (the Manager) had seen the Claimant working in his brother’s premises on 12th June 2015. The Manager also stated to the Claimant that he had an independent witness who had seen the Claimant working in his brother’s premises. He requested the Claimant to attend a meeting on Monday the 15th June 2015 and suggested that the Claimant should bring a union representative. On 15th June 2015, the Claimant telephoned the Manager that he was unable to attend the meeting on the 15th June 2015 on the basis that he could not obtain union representation for the 15th June 2015. The Manager rearranged the meeting for the 17th June 2015 and Mr. Power stated to the Claimant during this conversation that “changing the date of the meeting would make no difference to the outcome”. The meeting took place on 17th June, 2015. Present at the meeting were the Claimant, the Manager, a Shop Steward, and a representative from the HR department of the Employer. The Claimant was represented at the meeting by the Shop Steward. Before the meeting of the 17th June 2015, the Employer did not...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT