Reyes v Print and Display Ltd

• Jurisdiction: Ireland
• Judgment Date: 05 January 1999
• Judgment citation (vLex): [1999] 1 JIEC 0501
• Date: 05 January 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Reyes v Print and Display Limited

Abstract:

Dismissal - Bullying in the workplace

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD461/98 P1141040/98

CLAIM(S) OF:

Mitzalo Reyes, 28 Alderwood Close, Springfield, Tallaght, Dublin 24

against

Print Arid Display Limited, Unit 88 Cookstown Industrial Estate, Tallaght, Dublin 24

3d Displays Limited, Unit 80 Cookstown Industrial Estate, Tallaght, Dublin 24

under

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 1991 UNFAIR DISMISSALS ACTS, 1977 TO 1993

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr C. Bowman

Members: Mr C. Ormond / Mr. A. Mc Cormack

heard this claim at Dublin on 8th September 1998 and 30th October 1998 and 16th December 1998

Claimant while working for the respondent felt he was being bullied. He reported this and while the company was initially sceptical, they investigated it and found the claim justified. He was assigned to a specific printer in an area away from the “bullies” and this worked fine. Sometime later he was asked to work in another area near the “bullies” and he refused. He was suspended on paid leave to consider the matter. Correspondence followed in which the respondent offered a variety of options none of which involved working with the “bullies”. Claimant refused, as the hours did not suit his domestic arrangements.

The Tribunal determined that the claimant was not dismissed but left his employment voluntarily because of his inability to arrange his domestic situation so as to fit any of the options offered by the company.

The determination of the Tribunal was as follows:—

1 Comprehensive evidence on this case was heard over three days. Substantial documentation was submitted which the Tribunal duly considered.

2 The case for the Respondent:

3 The Tribunal was told that the claimant was originally employed by 3D Displays but he felt he had a difficulty with bullying so by arrangement he left 3D Displays and came to work with Print and Display Limited. After some time the claimant felt he was being bullied there also, the company were initially sceptical but they investigated it and got assistance from the Campaign against Bullying and came to the conclusion that the claimant had been bullied. The Tribunal was told that the Respondent considered the claimant to be a conscientious, hard-working employee and the solution appeared to be in assigning him to work with a certain Printer...