Case Number: ADJ-00005432. Workplace Relations Commission

CourtWorkplace Relations Commission
Date31 May 2017
Docket NumberADJ-00005432
PartiesAn Accounts Manager V A Telesales company

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or otherwise referred to in the said Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

The Complainant herein has referred a matter for dispute resolution under Section 8 of the Unfair Dismissals Act of 1977. The Complaint is brought by way of Workplace Relations Complaint Form dated the 6th of October 2016 and the Complaint has been made within six months of the purported dismissal.

Parties : An Accounts Manager and a Telesales company Complainant’s Case:

The Complainant’s complaint is one of Constructive Dismissal. Pursuant to the Unfair Dismissals legislation, the burden of proof must shift to the Complainant from the Respondent Employer and it is for the Complainant to demonstrate that he has acted reasonably in all the circumstances, such that he had no alternative other than to tender his resignation.

The Complainant tendered his resignation without notice on the 1st of September 2016. The resignation was by way of email and was cordial in tone – ending in the phrase “pleasure working with you”.

I heard the Complainant's oral evidence. The Complainant submitted an Email after the hearing on the 1st of March 2017 and I have considered the observations made therein as part of my overall consideration of this case.

Respondent’s case:

The Respondent provided me with submissions of which the Complainant had not had sight. I allowed the Complainant some time to consider what the Employer was saying through these submissions.

I heard the Director’s oral evidence.

Assessment of evidence heard:

I have carefully considered the evidence adduced in the course of this hearing. The Complainant had worked with this mobile phone telesales company since in and around 2014. The salary was a basic one with the opportunity to earn commission.

The Complainant accepts that at a date unknown but between to the 1st and 6th of September a Mr. Q – the Operations...

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