Tony McGlynn v Brinks Ireland Ltd

• Jurisdiction: Ireland
• Judgment Date: 23 January 2012
• Judgment citation (vLex): [2012] 1 JIEC 2301
• Date: 23 January 2012
• Court: Employment Appeal Tribunal (Ireland)

Representation:

Claimant: Ms Bernadette Thornton, Membership Information and Support Centre, SIPTU, Liberty Hall, Dublin 1

Respondent: Ms Muireann McEnery, Peninsula Business Services (Ireland) Limited, Unit 3, Ground Floor, Block S, East Point Business Park, Dublin 3

Abstract:

Employment law - Transfer of undertakings - Constructive dismissal - Allegation of bullying - Meeting to discuss - Behaviour of parties - Sick leave - Unfair dismissals Acts 1977 - 2007

EMPLOYMENT APPEALS TRIBUNAL

CLAIM OF:	CASE NO.
Tony McGlynn, 3 St Patrick's Terrace, Naas, Co Kildare - claimant	UD937/2010

Against

Brinks Ireland Limited, Willsborough, 25a Clonshaugh Industrial Estate, Dublin 17 - respondent

under

UNFAIR DISMISSALS ACTS, 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:	Mr T. Taaffe
Members:	Mr J. Horan
	Ms. E. Brezina

heard this claim at Naas on 16th November 2011 and 23rd January 2012.

Facts The claimant worked in security and his job was transferred to the respondent when they took over a contract. He had worked as a security officer then supervisor but in the new company he worked in the mail room. An incident arose where he had lost his password and sought assistance from a security specialist. Subsequently incidents arose over the use of another's password and words were exchanged. This lead to a meeting in the office where tempers flared between the claimant and other employees. The claimant contacted his shop steward and informed him he had an issue with a particular person. An investigative meeting was convened; claimant felt the meeting was one-sided. Subsequently he went on sick leave, issued certificates and later informed company he was not returning. The respondent disputed the claimant's allegations.

Held by the Tribunal in dismissing the claimant's case that the alleged incidents of bullying and harassment arising from contact between the claimant and a third party did not arise; that the allegation of improper conduct by the respondent were unproven and that the claimant did not engage in a process to enquire into any alleged improper treatment of him by the respondent.

Reporter: BD

1 The determination of the Tribunal was as follows:-

2 Claimant's Case:

3 The claimant commenced employment as a security officer in April 2006 and worked for company G. After five years he was promoted to a supervisory role. He worked on a site in Kildare. Under the Transfer of Undertakings legislation the respondent was awarded the security contract in 2009 for the site and the claimant transferred to the respondent company. He was vaguely aware of the existence of grievance procedures being in place.

4 The claimant had been transferred to the mailroom. On 19th May 2009 he was unable to access his computer as he...