INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY PLUNKETT HAYES SOLICITOR)
- AND -
(REPRESENTED BY DUNDON CALLANAN SOLICITORS)
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr. Somers
1. Constructive dissmissal.
2. The business is a small operation located at Croom Mills, Croom, Co. Limerick. The worker concerned was employed as a kitchen help from early October, 2002. She claims that during her employment she was verbally abused and treated badly by another member of staff and therefore, had no choice but to leave her employment. She claims she was constructively dismissed on the 21st of November, 2002.
The Employer states that the matter was dealt with fairly and the worker concerned left her employment of her own free will.
The issue was referred to the Labour Court on the 25th of February, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th of April, 2003, the earliest date suitable to the parties.
The worker agreed to be bound by the Court's recommendation.
3. 1. The worker concerned was verbally abused and treated badly by one of her colleagues. The abuse continued after she complained to the particular member of staff.
2. The worker concerned felt intimidated and thought she could deal with the matter herself.
3. As a result of the conduct of her colleague the worker concerned had no choice but to leave her employment.
4. 1. Management did not receive a complaint regarding the matter.
2. When Management became aware of the problem it acted immediately. The worker concerned was given an apology and was requested to make a claim for compensation but chose not to do so.
3. The worker concerned was treated fairly by Management. She left her employment of her own free will without giving notice to her employer.
The Court has considered all aspects of this claim. The complainant claimed that she had been constructively dismissed due to the conduct of another employee. She left her employment without notifying her employer of any difficulties she was experiencing. A claim for compensation was submitted when the employer was first notified of the allegations made.
When account is taken of the employer's admission of liability, the apology given and the offer to pay compensation the Court in all the circumstances of this case recommends the payment of €1000 in full and final settlement of this claim.
Signed on behalf of the Labour Court
15th May, 2003______________________
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.