Case Number: ADJ-00021220. Workplace Relations Commission

• Date: 15 April 2020
• Docket Number: ADJ-00021220
• Court: Workplace Relations Commission

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 79 of the Employment Equality Acts, 1998 - 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.

Summary of Complainant’s Case:

There are two complaints; the first of constructive unfair dismissal and the second of racial discrimination contrary to the Employment Equality Acts. The complainant says that he had been the victim of racist conduct by a co-worker. This was raised at the level of the workplace, initially informally and then, on December 3rd, 2018 by means of a formal complaint. The complainant was not entirely satisfied with the investigation which followed although it did uphold his complaint and resulted in disciplinary action against the perpetrator. However, despite a request that he would not have to be in contact with the perpetrator this did not happen. Despite raising the matter and seeking certain changes to his place of assignment or shifts so that he did not have to come into contact with the perpetrator nothing was done. Accordingly, he resigned. He states October 31st, 2018 as the date when the discriminatory act occurred.

Summary of Respondent’s Case:

The respondent disputes the validity of the complaints. The complainant did make a complaint which was fully investigated by the respondent and upheld in February 2019. Disciplinary action was taken against the subject of the complaint. In March 2019 the complainant himself was the subject of disciplinary proceedings as a result of unauthorised absence from work. At that meeting he said that his absence was a result of not wishing to work with the person against whom he had made the complaint. He was advised to speak to his manager or the HR department about this or take steps under the respondent’s Grievance Procedure. He did not do so nor did he raise any other complaint about the matter. In fact, the steps taken by the respondent against the person complained of were effective and there was no repetition of the conduct complained of. He resigned on March 31st, 2019. In his letter of resignation, he stated the reason for his resignation as being ‘due to the fact that I have found a career in a new line of work which requires me to leave. I appreciate my time at the company and all the opportunities it has brought me’. He went on to offer to cooperate with any transitional arrangements necessary in his last week. He declined the opportunity of an exit interview and now claims that his resignation was prompted by the failure of the company to prevent him ‘coming into contact with staff members of a different race’. At no stage did the complainant avail of the respondent’s grievance machinery and he had alternatives to resignation which he could have used. Therefore, his complaint of constructive unfair dismissal must fail. In relation to the complaint under the Employment Equality Act (which is based on the same set of facts) the respondent...