Complainant

Respondent

Parties

Daryll  Flood

Metron Stores Limited t/a Iceland (in liquidation)

Representatives

  N/A

N/A

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00057367-002

27/06/2023

The Complainant worked for the Respondent from 21 June 2021 until 22 June 2023, most recently in the role of Store Manager, earning approximately €32,000 gross per annum. On 27 June 2023, the Complainant filed a Complaint Form with the WRC in which he alleged, inter alia, that he had been constructively dismissed in breach of the Unfair Dismissals Act 1977, as amended.

The Complainant outlined that he is seeking compensation following his constructive dismissal.

He stated that he initially worked as a Sales Assistant and then as a Duty Manager in the Blanchardstown branch. He was promoted to Assistant Store Manager and then to Store Manager in the Northside Shopping Centre branch. He stated that he looked after rosters; submitted orders; took receipt of deliveries; and unpacked deliveries. He also managed the staff as regards their clocking in and out; and made sure that their wages were up to date.

He stated that everything was fine until the takeover in February 2023. He said that after the takeover, issues began to arise as staff were not receiving their wages and they were not being paid for annual leave. He outlined that Mr. Naeem Maniar came to the store in February or March 2023. He said that they discussed a variety of issues, such as stock shortages, staffing and wages, but nothing was resolved. The Complainant stated that there were issues constantly.

He said that from the end of March 2023, he was running both the Northside Shopping Centre branch and the Coolock branch. He said that as a result, he was having clocking-in issues. The Complainant outlined that he was working 12-hour-days and that he was not receiving his full pay. He said that the Respondent then moved him to the Ballyfermot branch without notice, which was in breach of his contract of employment. The Complainant outlined that he continued to work at the Northside Shopping Centre branch. However, on 2 or 3 May 2023, he was told by the Area Manager to leave that branch. The Complainant subsequently went on sick leave on 4 May 2023. He took booked annual leave from approximately 12 to 20 May 2023. He said that the Respondent took issue with his sick leave documentation and refused to allow him to return to work without documentation confirming his fitness to return to work. The Complainant sent a number of emails to the Respondent. During this time, the Complainant outlined that he received the roster for the Ballyfermot branch. On 29 or 30 May 2023, he stated that he went to work in the Ballyfermot branch, but was told to leave after approximately one hour.

The Complainant outlined that he started a new job, as an Assistant Store Manager, from 22 June 2023 until 20 July 2023. He was then out of work and he subsequently started a new role on 21 August 2023.

The Complainant outlined that he received outstanding pay and holiday pay from the Liquidator. He further outlined that he received a redundancy payment of approximately €2,900. He referred to a document that he held concerning the Statutory Redundancy Scheme. He said that there was a reduction to this redundancy payment due to his receipt of Job Seeker’s Allowance. He said that his date of redundancy was in or around 22 June 2023.

There was no attendance by or on behalf of the Respondent.

On 19 December 2023, during the Case Management Conference, the Respondent’s correct name was confirmed and it is reflected in this Decision.

In a letter from the WRC dated 27 January 2025, the Respondent was informed of the details of the Hearing to take place on 26 February 2025. The same letter also set out the procedure regarding postponement requests.

On 24 February 2025, JW Accountants emailed the WRC. They confirmed that Mr. Joseph Walsh was appointed Liquidator of the Company (the “Liquidator”) on 7 September 2023, by Order of Mr. Justice Quinn of the High Court. They further confirmed that as this complaint relates to matters which predate the Liquidator’s appointment, he is not familiar with the background to the complaint and therefore is not in a position to attend or assist in the Hearing.

In the circumstances, I am satisfied that the Respondent was on notice of the Hearing and decided not to attend.

The Law:

The definition of dismissal at section 1 of the Unfair Dismissals Act 1977 – 2015 (the “Act”), includes the concept of constructive dismissal:

“dismissal, in relation to an employee means –

[…]

the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer”.

Section 6(4) of the Act outlines instances where a dismissal is not deemed unfair:

“Without prejudice to the generality of subsection (1) of this section, the dismissal of an employee shall be deemed, for the purposes of this Act, not to be an unfair dismissal, if it results wholly or mainly from one or more of the following:

(a) the capability, competence or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

(b) the conduct of the employee,

(c) the redundancy of the employee, and

(d) the employee being unable to work or continue to work in the position which he held without contravention (by him or by his employer) of a duty or restriction imposed by or under any statute or instrument made under statute.”

Findings and Conclusion:

The Complainant outlined in his evidence that he received a statutory redundancy payment. On 26 February 2025, after the Hearing and as requested, the Complainant provided a copy of his Employee Declaration concerning the Statutory Redundancy Scheme, dated 29 September 2023. I note that the Complainant outlined in the same document that he was employed from 21 June 2021 until 7 September 2023. I further note the following information set out in the section entitled “Employee Declaration”, which is signed and dated by the Complainant:

“I confirm that:

·         All information provided on this form is accurate.

·         I have been made redundant by my employer.

·         I will be liable for any overpayment that issues.

·         The Statutory Redundancy total balance of €3,000 is now due to me (subject to review by the Department).”

I note that redundancy is a fair ground for dismissal where a genuine redundancy situation exists. The Complainant applied for and received a statutory redundancy payment. In the circumstances, I find that the Complainant was not unfairly dismissed.

For the reasons set out above, I find that the Complainant was not unfairly dismissed.

Unfair Dismissals Acts 1977 – 2015, Constructive Dismissal, Redundancy.