Case Number: ADJ-00002548. Workplace Relations Commission

• Docket Number: ADJ-00002548
• Date: 02 August 2016
• Court: Workplace Relations Commission
• Parties: Employer v Employee

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002548

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-00003558-001	29/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00003558-003	29/03/2016

Date of Adjudication Hearing: 22/06/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 7 of the Terms of Employment (Information) Act, 1994 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:

My contract was terminated while serving out my notice period after enduring a sustained period (since Jan 2015) of bullying and harassment prior to same. I had also invoked the company’s internal whistleblowing process in September 2015 prior to my contract being terminated on the 15th of October 2016 due to illegalities occurring at Respondent Information Services including but not limited to offences under the Data Protection Acts. Supporting documentation will follow to the WRC address specified.

I had sick pay deducted retrospectively from my pay despite alternate wording in my contract and in the company’s sick pay policy at the time. No discretion appeared to have been exercised in my particular case at the time. When I had pointed out my contractual terms the sickness policy was then amended however deductions were taken. Supporting documentation to follow to the specified WRC address.

Summary of Respondent’s Submission and Presentation:

Unfair Dismissals Act claim / CA-00003558-001

The Respondent submitted that there was no Dismissal – the Complainant resigned.

The Complainant has not demonstrated that there was any deficit in the manner in which he was dealt with by the Respondent such as to justify a claim of Constructive Dismissal.

The Complainant did not raise any formal complaint or grievance under Company procedures prior to his resignation.

The Complainant was the subject of a disciplinary hearing on the 10^th June 2015 – he was issued with a verbal warning under procedures. He appealed this warning but was unsuccessful in his appeal.

The Complainant resigned by letter dated the 25^th September 2015.

The Company met with the Complainant on the 30^th September and asked him to reconsider.

The Complainant had some discussions over issues of concern with the HR Director in early 2015.

Allegations of Bullying and Harassment are unfounded and lack specific details.

The Complainant was at all times fully aware of all Company Grievance Procedures.

The complaint made by the Complainant under the Whistleblower provisions was made post his resignation letter and included the remarks that he had already decided to resign.

A number of legal precedents were submitted in support of the above arguments.

Terms of Employment (Information Act) Act 1994 claim. / CA-00003558-003

Insufficient details were provided by the Complainant to allow a full defence of this claim.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Issues for Decision:

Was the Complainant Unfairly Dismissed? Is there a valid case of Constructive Dismissal on the grounds of the behaviours of the Respondent /Complainant prior to ending of the employment relationship?

Has the Complainant a valid case, under the Terms of Employment (Information) Act, 1994, on the grounds submitted?

Legislation involved and requirements of legislation:

Unfair Dismissals Act, 1977 – Sustainable case of Constructive Dismissal?

Terms of Employment (Information) Act, 1994

Decision:

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00003558-001

As stated in the legal precedents quoted especially the Coffey v Connect Family Resource Centre Ltd – UD 1126/2014

“The bar for constructive dismissal is very high and unfortunately the claimant has not demonstrated that there was a deficit in the manner in which the employer dealt with her complaints such as to render her constructively dismissed.”

The requirements for a Constructive Dismissal case are effectively

1. Unreasonable Behaviour by the Respondent employer i.e. refusal to follow due process with regard to the employee

and

1. Reasonable Behaviours by the Complainant –generally taken to mean the full use of all complaint/grievance procedures by the Complainant prior to any resignation.

Taking these standards into account I came to the following conclusions.

Of great significance, the Complainant wrote a resignation letter to the Respondent on the 25^th September 2015.

The Respondent’s Manager Ms. XX met with the Complainant on the 30^th September 2015 and from oral evidence given and from a minute of the meeting taken by herself she asked the Complainant to reconsider his decision. He declined to do so. The evidence given by the Manager concerned was direct and clear cut and I found it persuasive. The Complainant did not challenge the veracity of this evidence.

Later that day, the 30^th September, he , the Complainant, sent a detailed Whistle Blower e-mail to the Head of...