LCR22317

KELLY SERVICES LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER
(REPRESENTED BY JFJ ADVISORY)

DIVISION :

SUBJECT:

1. Appeal of Adjudication Officer Decision No. ADJ-00016409 CA-00021291-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 18 December 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 25 November 2019 the Adjudication Officer issued the following Recommendation:-

“I find that the Complainant’s complaint of constructive dismissal is rejected. Consequently, no recommendation is required.”

A Labour Court hearing took place on 15 December 2020.

DECISION :

The case before the Court concerns an appeal of an Adjudication Officer’s Recommendation ADJ-00016409, CA-00021291-001 which found against the Claimant’s claim that he was constructively dismissed.

The Respondent’s business provided agency staff to its client company. The Complainant was employed by the Respondent and assigned to a client on 11th December 2017. Following an issue in his workplace on 24th April 2018, the Complainant informed the client company that he had “quit”. The following day he mailed the Respondent and confirmed his resignation. A process ensued whereby both parties engaged in discussions on the reasons for his resignation; an offer was put to him to submit a formal grievance under the Respondent’s grievance procedure and he was offered an opportunity to return to work. However, he declined to avail of these opportunities and put forward his own proposals which were deemed unacceptable by the Respondent, and his resignation was accepted.

The Adjudication Officer in a very comprehensive Recommendation, concluded that the Complainant had failed to demonstrate that the Respondent was in breach of either the contract or reasonableness tests, as apply in constructive dismissal cases. On that basis he found that the necessary grounds did not exist which would have supported the Complainant’s decision to resign his employment, on the basis that he had no alternative.

Having considered the oral and written submissions of the parties, the Court concurs with the findings and conclusions of the Adjudication Officer. Therefore, the Court rejects the Complainant’s appeal and uphold the Recommendation of the Adjudication Officer.

The Court so Decides.

NOTE

Enquiries concerning this Decision should be addressed to Orla Collender, Court Secretary.