INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
- AND -
Chairman: Mr Duffy
Employer Member: Mr Pierce
Worker Member: Mr. Somers
1. Appeal against Rights Commissioner's Recommendation IR 1256/00/GF.
2. The worker concerned was employed by Waterford Corporation at the City Library on a FÁS Community Employment Scheme from the 6th of December, 1999. She claims she was forced to resign on the 18th of April, 2000.
She states there was a rumour circulating about her in the office. She complained to her supervisor whom she claims did not deal with the complaint in the appropriate manner.
The employer states that every effort was made to investigate the complaint with the limited information provided by the claimant.
The issue was referred to a Rights Commissioner for investigation. In his recommendation which issued on the 10th of August, 2000, he recommended that the claim cannot succeed against the employer. The worker concerned appealed the recommendation to the Labour Court, in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 14th of November, 2000.
3. 1. There is no complaints procedure in the office.
2. The worker complained to her supervisor regarding the rumour which was circulating about her in the office and he told her that nothing could be done for her.
3. She found she had no choice but to leave her job. She is seeking compensation for the stress and financial loss she has suffered.
4. 1. The complaint was dealt with straight away but could not be proceeded any further without additional information which was not forthcoming from the worker concerned.
2. The employer was not aware of the alleged rumour prior to receiving the complaint from the worker.
3. The worker concerned left her job. She was not dismissed.
The Court has considerable sympathy for the claimant in this case. However it is unable to say that the employer acted so unreasonably as to force her to resign. In the absence of information as to the source of the rumour, the employer could not have investigated her grievance further. In these circumstances the claimant's resignation did not amount to a constructive dismissal.
The Court can see no basis on which it could disagree with the findings and recommendation of the Rights Commissioner. Accordingly, the claimant's appeal is disallowed. The Court believes that the parties should now consider this matter closed. The Court further suggests that the Corporation should favourably consider the claimant for any suitable position, similar to that which she previously held, which may arise in the future.
Signed on behalf of the Labour Court
21st November, 2000______________________
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.