Case Number: ADJ-00015941. Workplace Relations Commission

• Docket Number: ADJ-00015941
• Date: 08 May 2019
• Court: Workplace Relations Commission
• Parties: A General Operative v A Powder Coating Company

Procedure:

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

Background:

The complainant was employed by the respondent as a General Operative from 22nd August 2016 until 16th July 2018. The complaint relates to alleged Constructive Unfair Dismissal and alleged breaches of the National Minimum Wage Act, 2000 and the Payment of Wages Act, 1991. The complaint was lodged to the Workplace Relations Commission on 26th July 2018. The cognisable period of the complaint is therefore the 27th January 2018 to 26th July 2018.

CA- 00020798-001 Unfair Dismissal Act, 1977. (Constructive Dismissal) Summary of Complainant’s Case:

The complainant stated that there were several incidences of bullying and threatening behaviour towards him while he was employed by the respondent. The complainant outlined that he did not receive the appropriate safety training or relevant personal protection equipment during the employment. The complainant also contends that his hours of work were reduced due to a supposed shortage of work yet a new employee had been employed at the same time. The complainant also asserts that he was placed on a Performance Improvement Plan (PIP) as a result of a number of conversations/meetings which he claims never took place. The complainant outlined in correspondence to the respondent dated 18th June 2018 that he wished for the “bullying, intimidation, harassment and aggressiveness to stop and for the working relationship to continue for the good of the Company. The complainant stated that matters did not improve after he submitted his correspondence of 18th June and he continued to be treated inappropriately by the respondent which greatly affected his confidence and general wellbeing. The complainant stated that he suffered a hand injury on 5th July 2018 which resulted in a period of sick leave and he subsequently resigned with effect from 16th July 2018 due to the respondent’s poor attitude and treatment of him during his employment. The complainant stated that he never received a contract of employment nor any procedures/ staff handbook until after his resignation in July 2018. The complainant is seeking compensation in relation to his complaint.

Summary of Respondent’s Case:

Preliminary Issue. The respondent’s representative raised a preliminary point that the complainant’s resignation was not accepted by the respondent in July 2018 and that a P45 was not issued until after receipt of the complainant’s resignation dated 24th September 2018. Accordingly, the respondent stated that the complaint submitted to the Workplace Relations Commission (WRC) in July 2018 was in advance of his actual resignation and is therefore a premature claim. The respondent is seeking that the complaint be dismissed as frivolous. Substantive complaint The respondent stated that towards the end of 2017 there was a deterioration in the complainant’s work performance and that he displayed a disrespectful attitude towards his employers. The respondent stated that the complainant was placed on a PIP in March 2018 and was given every possible support in improving his performance and attitude at work. The respondent stated that on 15th June 2018, having been approached in relation to work he was carrying out, the complainant told his employer to “Go F**k Yourself” and left the premises for the weekend. The respondent contends that a meeting was arranged for 22nd June 2018 to discuss the events of 15th June 2018, the complainants letter of 18th June 2018 and the expectations of the parties going forward. The respondent stated that following the hand injury on 5th July 2018, the complainant submitted a number of Medical Certificates covering his absence until 13th July 2018. The respondent confirmed that an email confirming the complainant’s resignation was submitted by his representative on 16th July 2018. The respondent submits that the complainant should not have resigned until the respondent had the opportunity to resolve the complainant’s grievances in line with its policies and procedures. The respondent cited the cases of Berber v Dunnes Stores Ltd -2006 IEHC 327, Kaydee Cosmetics Ltd v Elizabeth Blake UD/18/40 and Ruffley v Board of Management of St Annes School [2017] IESC 33 in support of its position.

Findings and Conclusions:

Preliminary Issue The complainant did not return to work after he injured his hand on 5th July 2018. The respondent subsequently made a number of attempts to resolve the complainant’s issues after the resignation was received but would not release the complainant’s P45 until a signed letter of resignation was received. The complainant did not alter his position that he had resigned from the Company in July 2018 but wrote a letter confirming same to the respondent on 24th September 2018 in order to receive his P45. Having considered the matter, I accept the position that the complaint was lodged to the WRC after the resignation email of 16th July. It is clear that the complainant’s intentions were to resign with effect from that date. In those circumstances I do not find that the complaint to the WRC is premature. Accordingly, I do not accede to the respondent’s request to dismiss the complaint as frivolous. Substantive complaint It is clear from this complaint that both sides were at fault at different times in terms of their attitude throughout the complainant’s employment. There are many incidences referred to by the complainant that could have been handled differently by the respondent. I also accept also that the respondent had legitimate concerns in relation to the attitude and performance of the complainant. The complainant accepted what he said to his employer on 15th June 2018 but claimed that this had been the result of months of frustration and dissatisfaction at how he was being treated. The...