Worker

Employer

Anonymised Parties

A Car Valet

A Car Valet company

Representatives

In person

 Peninsula Business Services Ireland

Act

Dispute Reference No.

Date of Receipt

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

ADJ-00065464

06/05/2023

The worker was employed by the employer as a Car Valet from February 2022 until on or about 9th November 2022. The worker has submitted two issues for consideration under Section 13 of the Industrial Relations Act, 1969. The worker contends that he was subject to a constructive unfair dismissal as a result of the employer’s behaviour and that he was also subject to bullying and harassment while in the workplace.

In respect of the two issues, the worker is seeking that he receives compensation and that a full investigation be carried out into the employer’s labour practices.

The worker stated that his employer implemented roster changes and reduced his hours without any discussion or consultation with him. The worker stated that the reduction in earnings resulted in great difficulties for him and affected his ability to remain at college and complete his studies.

The worker stated that he raised the issue with his manager on 19th October 2022 and was subjected to name calling and other derogatory behaviour from the employer. The worker stated that the issue continued and that the employer began reducing the worker’s hours of work and prioritising workers who did not have a work permit and paid them in cash. The worker stated that this practice resulted in a significant loss of earnings to him. The worker’s position is that the matter escalated during a heated discussion with the manager on or about 8th November 2022 and he was forced to leave the employment because of the way he had been treated.

The employer’s position is that the worker resigned from his employment following an altercation with another employee and repeated incidents of inappropriate behaviour towards a director of the company.

The employer stated that the worker was given a verbal earning because of his conduct arising from an interaction with a colleague on 18th October 2022. The issue was addressed by the employer on 19th October 2022 where the worker again behaved inappropriately in respect of roster changes and operational issues regarding hours of work etc.

The employer stated that on 8th November another incident occurred where the worker behaved inappropriately towards a director the company and was sent home as a result. The worker did not return after 8th November 2022.

The employer’s position is that the worker was not bullied and harassed as claimed. The employer contends that it was the worker who engaged in inappropriate behaviour on numerous occasions and resigned from his employment on 8th November 2022.

Having listened to the verbal submissions of the parties and considered the written documentation presented, I find that there is a complete and irreconcilable conflict between the positions of both parties. The worker states that he was bullied and harassed and defamed by the employer. He also claims to have been constructively dismissed.

The situation that led to the end of the employment relationship related to roster changes and other operational issues. The exchanges that followed between the worker and his manager are indicative of poor communication in the workplace. The employer stated that the worker was sent home on or about the 8th November 2022 because of his threatening behaviour to a director of the respondent which had continued since the issue of rosters were first raised on 19th October 2022. The worker never returned to work.

 I note that the documentation submitted to the WRC by the worker contains significant threats to the employer and is inappropriate correspondence to send to an employer/manager even if sent out of frustration having the perception of inappropriate treatment at work. I have not formed the view that the worker was bullied and harassed or defamed. I find on balance that the exchanges between the worker and his manager were inappropriate on both sides and resulted in the working relationship coming to an end. I do not find that the complainant was constructively dismissed. I find that the worker chose not to return to his employment, which was his right, but I do not find that this was due to the employer’s conduct.

In all of the circumstances of the dispute, I find that the payment of compensation to the worker is not appropriate. I recommend that the worker accept that his employment ended in circumstances where he was not prepared to accept changes that were being implemented by the employer and the manner which this was addressed by him, resulted in the employment relationship becoming untenable. I further recommend that both parties accept that the matter is now closed.

Bullying and harassment, constructive dismissal