EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
UD962/2014
APPEAL(S) OF:
Anamaria Maxim
- claimant
against the recommendation of the Rights Commissioner in the case of:
OCS One Complete Solution Limited
- respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr E. Handley
Mr N. Dowling
heard this appeal at Dublin on 1 September 2015 and 4 November 2015
Representation:
Appellant(s) : In person
Respondent(s) : Ms Laura Reynolds, IBEC, Confederation House, 84/86 Lower Baggot Street, Dublin 2
This case came before the Tribunal by way of the employee appealing the recommendation of the Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 reference R-138866-UD-13/JT.
Summary of Evidence
The claimant had a full time job and was employed by the respondent as a cleaner working part time in the evenings. She was regularly asked to work longer hours by her supervisor (N) with whom she had a difficult working relationship. When other employees left they were not replaced and she was expected to carry the workload. Other difficulties included conditions on her taking annual leave and the supervisor insisted she wore a uniform although no uniform was provided. The respondent used unsafe cleaning products and the claimant was instructed to use those products. The claimant described the working environment as stressful at times. The claimant and her colleagues jointly sent a letter of complaint to the manager of the client company where they were based. A meeting was arranged with a manager (D) to discuss difficulties that she and her colleagues were experiencing in and around 5 March 2013. The behaviour of (N) did not improve after that meeting.
On the 6 March 2013 the claimant was cleaning the bins area and was given a bleach spray to clean coffee stains. The spray made contact with her eye in a narrow and awkward area she was cleaning. She went to the first aid room on site and was assisted by (N). She later attended the Mater hospital and an eye specialist. A period of sick leave followed from 7 March to 19 March. She attended a meeting with HR on the 19 March and raised the issues she had with (N) and the use of dangerous cleaning products. The claimant received an email dated the 21 March 2013 advising her that she could return to work on the 25 March and that the supervisor (N) was moving to a different site. The claimant was not satisfied that any investigation was carried out and as no action was taken regarding the behaviour of the supervisor, she emailed the HR department and resigned her position on the 24 March 2013. She reconsidered her resignation at the request of (D) and by the 29 March (N) remained working for the respondent and as no action was taken she confirmed her resignation.
Two witnesses for the claimant who worked at the same site gave evidence. One witness had used bleach cleaning products while the other witness would bring the product to the kitchen area for cleaning staff. They were instructed not to use the product when employees of the client company were on the premises.
Determination
The claim under the Unfair Dismissals Acts, 1977 to 2007 was one of constructive dismissal; accordingly it fell to the claimant to make her case.
An application was made by the respondent’s representative to dismiss the claimant’s case on the basis that the claimant failed to discharge the burden of proof. The Tribunal carefully considered the claimant’s evidence and is not satisfied that she has discharged the burden of proof. The claimant failed to adduce any evidence which justified her resignation. The respondent had indicated that the claimant’s supervisor would be moved to an alternative site in order to allow her return to work. The Tribunal consider this a fair and reasonable action following receipt of the claimant’s complaint to the HR department.
The appeal under the Unfair Dismissals Acts, 1977 to 2007 fails and the recommendation of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)