Case Number: ADJ-00016211. Workplace Relations Commission

• Docket Number: ADJ-00016211
• Hearing Date: 21 November 2018
• Date: 05 February 2019
• Court: Workplace Relations Commission
• Parties: A Retail Assistant V A Retailer

Procedure:

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

Background:

The complainant was employed as a general assistant in a multiple supermarket. She earned €12.71 per hour.

Summary of Complainant’s Case:

The complaint is one of constructive unfair dismissal. The complainant commenced her employment June 26th, 2006 and it terminated on January 5th, 2018. She had always been a good employee and had no disciplinary problems. In September 2015 she went on a prolonged period of sick leave which she says was attributable to workplace related stress; specifically, due to bullying and harassment by a manager. In July 2016 her grievance related to the bullying was heard and in the report on her grievance, which did not issue until October 1st, 2016, only one of the complaints was upheld. However, the general complaint of bullying was not upheld. She returned to work the following June and the respondent accommodated her with reduced hours but, to her dismay, the bullying behaviour continued. Specifically, the person against whom she had made the bullying allegation visited the store on July 6th and engaged in intimidating behaviour. She made a complaint about this. Also, she had continuing contact with the store manager and HR manager in relation to her ongoing stress issues. She acknowledges that both had been supportive. She believed that she did not have to make a fresh complaint because the conduct was a continuation from that in 2015 and 2016 and did not do so She submitted her resignation on December 22nd, 2017. The respondent met her for an ‘Exit Meeting’ on January 3rd and on January 27th indicated that it was declining her resignation unless she withdrew the complaints of bullying.

Summary of Respondent’s Case:

The complainant resigned but she has failed to exhaust all internal procedures in relation to her grievance or demonstrate that the respondent’s conduct was company unreasonable so as to justify her resignation. The question is whether the complainant had acted reasonably in resigning. In relation to the grievance in 2016 this was fully investigated by a manager from another store and was partially upheld. Witnesses were interviewed but the investigation did not uphold a complaint of bullying. The incident on July 6th, 2017 was investigated and no proof of the allegations could be found on the CCTV system.

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