The claimant worked for the respondent, a food distribution company, as a warehouse worker and, occasionally, as a van delivery driver. In this case the claimant had signed a letter of resignation but argued that he signed it under duress.

The claimant had a disagreement with the owner following a delivery error and was given a written warning, which he disagreed with and handed back. Following a further incident the claimant was told he was suspended pending an investigation. Soon after, a further meeting took place in the respondent’s car where the claimant was given various papers to sign. The claimant signed the papers as he felt threatened and stressed and was told that the papers were of no significance would be shredded. 

The Tribunal considered the claim before it, the legal background and previous case law and noted the following:

• The respondent did not follow its own Grievance procedure;
• The claimant was given a letter of resignation to sign in car in a car park, drafted by the respondent’s representative;
• He was not given the opportunity to take independent legal advice;
• The claimant was not given the statements taken from fellow employees/third parties;
• The claimant was not told to take independent legal advice;
• The claimant was not given a “cooling off period” which would have allowed him reconsider his position: In Southern –v- Franks Charlesly & Co. [1981] I.R.L.R.278 it was noted:

“A reasonable period of time should be allowed to lapse and if circumstances should arise during that period which put the employer on notice that further enquiry is desirable to see if the resignation was really intended and can be properly assumed, then such enquiry is ignored at the employers risk”.

The Tribunal found that compensation was the most appropriate redress and awarded the claimant the sum of €30,000.00, under the terms of the Unfair Dismissals Acts, 1977 To 2007.
http://www.workplacerelations.ie/en/Cases/2014/February/UD2116_2011.html