Adjudication Reference: ADJ-00054624
Parties:
| Complainant | Respondent |
Parties | Helen Muller | Liffeyfield Limited |
Representatives | Represented herself | Nicola Murphy, Peninsula Business Services Ireland |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066765-001 | 17/10/2024 |
Date of Adjudication Hearing: 31/03/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General. I conducted a hearing on March 31st 2025 and gave the parties an opportunity to be heard and to present evidence relevant to the complaint. The complainant, Ms Helen Muller, represented herself at the hearing. Liffeyfield Limited, which trades as the Bonnington Hotel, was represented by Ms Nicola Murphy of Peninsula Business Services Ireland. Ms Murphy was accompanied by a duty manager, Mr Gavin Dalton.
Background:
Ms Muller commenced employment with the respondent in 2003. She took some time off to pursue a doctorate degree and she returned in June 2012. She was a receptionist in the hotel’s leisure centre and she generally worked two days a week on Wednesdays and Thursdays. There was a change of management in the leisure centre in September 2024 and Ms Muller said that the new manager attempted to change her days to Tuesdays and Wednesdays. Ms Muller had other commitments on Wednesdays and she was unable to change her days. She complained also that the new manager wanted her to test the water in the pool. This hadn’t been part of her job previously and she said that she wasn’t trained to do this job and she didn’t want to be trained. Ms Muller claims that the new manager no longer wanted a receptionist, and that she intended to recruit a full-time administrator. Ms Muller was offered hours of work as a receptionist on Saturdays and Sundays; however, she declined this proposal. On Friday, October 4th 2024, Ms Muller wrote to the hotel’s HR manager, notifying him of her intention to resign. At the hearing, she said that she felt that she had no other option. In a letter dated October 7th 2024, the HR manager asked Ms Muller to re-consider her resignation, asking her if that was what she really wanted to do. In the end, Ms Muller did resign. She didn’t work her notice, but was paid six weeks’ wages in lieu. Ms Muller brought this complaint under the Terms of Employment (Information) Act 1994. In her submission to the hearing, she said that she thinks that she was issued with a contract in 2012, although she couldn’t locate a copy. Ms Murphy said that the respondent was also unable to produce a copy. It is apparent from Ms Muller’s submission, that this complaint is not about whether she was issued with a statement of her terms and conditions of employment. She was clearly upset about the events that led to her resignation and she said that she wanted an apology from the HR manager and the manager of the leisure centre. At the hearing, the duty manager, Mr Dalton acknowledged Ms Muller’s feelings and it was apparent to me that he was respectful and appreciative of her commitment to the hotel over many years. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
As I outlined to Ms Muller at the hearing, it is my view that her complaint under the Terms of Employment (Information) Act 1994 is misconceived. I wish to commend her for her service to the hotel over many years, for her determination to raise issues that she considered were unfair and for bringing her concerns to the attention of the management before she resigned. |
Dated: 09.04.2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Statement of terms and conditions of employment, resignation |