Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

James Cleary IBEC

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003601

24/12/2024

The Worker commenced employment with the Respondent on 1 April 1999 in the capacity of Forecourt Manager. He stated that he had no alternative but to leave his employment in December 2023 due to the conduct of his Area Manager in relation to him.

The Worker stated that he had been employed as a Forecourt Manager from 1999 until he believed he had no choice but to terminate his employment in December 2023. 

He stated that for 8 months before he left his position, he was intimidated and belittled by his Area Manager, who imposed a lot of unnecessary pressure on him by changing targets when they had been achieved. He stated that this additional pressure resulted in him being out sick with work related stress, 12 weeks before he left his employment.

He also stated that, in the months prior to this, the Area Manager had made reference to the Worker’s age and that he was receiving the pension. He stated that this resulted in him feeling bullied.

Following the Worker’s return in December 2023, after his period of sick leave, an issue arose with an employee who did not receive a bonus. The Area Manager told the employee that as far as he was concerned he did not know anything about it even though he had sanctioned it with the Worker previously when she was offered the job. The Area Manager had insinuated to his colleague that the Worker had lied to her.

The Area Manager’s conduct therefore left him but no alternative but to terminate his employment.

The Employer stated that they were unaware of any issues throughout the lifetime of the Worker’s employment prior to when he chose to retire in December 2023.

Before making his decision to retire, the Worker was on a brief period of sick leave whereby he was sent to the company GP who cleared him fit to return to work in October 2023. The Worker also underwent a return-to-work interview with his line manager. The Employer stated that the Worker did not raise any issue that he had with the Area Manager either at the time of his return to work or at any stage prior to or after that.

The Employer also highlighted that the Worker had received a copy of the Employee Handbook, which contains their grievance procedure but had failed to utilise this.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

As the Worker accepted that he had never made the Employer aware of any difficulties or issues that he had with the Area Manager at any time during his period of employment, and failed to at any stage invoke the grievance procedure, I cannot make a recommendation that is favourable to him.