Case Number: ADJ-00005432. Workplace Relations Commission

• Docket Number: ADJ-00005432
• Date: 31 May 2017
• Court: Workplace Relations Commission
• Parties: An Accounts Manager V A Telesales company

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005432

Complaint 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-00007472-001	06/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00007472-002	06/10/2016

Date of Adjudication Hearing: 01/03/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

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 6^th 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 1^st 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 1^st 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 1^st and 6^th of September a Mr. Q – the Operations Manager contacted him by phone. The Complainant says he cannot remember the specifics of that conversation and the said Mr Q himself was not available to give evidence . However, the Respondent Director indicated that he had instructed Mr. Q to contact the complainant to persuade him to stay on with the Employer and in particular to stay on to do abig event that was due to be taking place in Dubai in the October of 2016. The Employer believed a good commission could be made by the Complainant at this event . The Employer states that he did this in Good Faith and is evidence that he had no reason to believe that there were any underlying issues.

The Respondent Employer did detail other aspects of the conversation as he had learnt them from Mr. Q. However, I am mindful of the fact that this is hearsay evidence on the part of the Employer in circumstances where the Complainant cannot confirm (or deny ) the veracity of same. What I believe is pertinent and important is that the Complainant does remember the fact of having had the telephone conversation with Mr. Q (having been initially unsure) albeit he cannot recall the specifics of the conversation.

On September the 6^th, the Complainant re-submitted his resignation and this time he gives reasons which are many and serious. The Complainant says he is being bullied in the workplace and works in a stressful environment. The Complainant says his remuneration is low and there is ambiguity surrounding the commission. He works long hours with little incentive he says. He declares that he no longer wishes to be part of a company which lacks human handling skills and which has led to his...