The respondent company manufactures machinery for the farming industry. The claimant worked as a general operative for the respondent. The claimant gave evidence that he was subjected to unwelcome and at times abusive language and behaviour by the supervisor. The claimant was of the opinion that he could never please his supervisor; he felt that his supervisor was constantly criticising his work and his private life. 

The claimant felt that he couldn’t tell anyone what was going on but when he eventually told the Managing Director he was told to go back to his job and forget about it. The respondent denied that the claimant ever disclosed what was going on with his supervisor. The respondent claimed that at no point during their interactions did the claimant ever raise a concern, air a grievance or comment negatively about his supervisor. 

The claimant was becoming increasingly sick and anxious before attending work and this led to him being declared unfit for work on account, he argued, of the bullying he suffered whilst there, coupled with the respondent’s failure to address it. The respondent's solicitor argued that this was the first time any complaint was brought by the claimant and advised him to contact his supervisor, who would assist him with any difficulties. The claimant's response was to resign as a result of the constant bullying and harassment which he had endured and said he would claim constructive dismissal unless the respondent compensated him. 

The tribunal was of the opinion that the claimant was a vulnerable employee. The tribunal accepted the claimant’s evidence of his difficulties at work and was satisfied that the claimant suffered bullying at work. The tribunal noted in particular that the “management adopted a closed mind and failed not only to take any action but to in any way entertain the possibility that there may have been some truth in the claimant’s allegations”. 

The tribunal held that, due to the failure of the respondent to address the supervisor’s behaviour towards the claimant, it was reasonable for the claimant to resign. On this basis the court held that the claim for constructive dismissal succeeded. Accordingly the claimant was awarded €25, 000 by way of compensation. 

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