In this Determination the Tribunal was presented with vastly differing versions of events in respect of the behaviour of the manager. The claim before the Tribunal was one of constructive dismissal. The claimant asserted that when she returned from maternity leave her hours were cut and she was expected to carry out her full-time position in part-time hours.

Her three main issues were

* The manner of the general manager

* The language used against the claimant

* The reasonableness or otherwise of the general manager.

“The claimant outlined that the general manager constantly screamed at her while gesticulating with her hands in front of the claimant’s face, as well as raising her voice and using foul language.”

The claimant asserted she approached the general manager about their interactions who responded that she could not work with her as she was a “f***ing drama queen”. The claimant also explained that she did not use the grievance procedure as the HR position had not been filled and therefore she would have had to complain to the general manager. (All of this becomes important in that it supports the claimant in her assertions that she tried to raise the matter and there was no point in her trying further, effectively removing the normal requirement in a constructive dismissal case that the claimant exhaust all internal procedures.) One witness asserted the general manager was hostile towards the claimant and shouted at her.

The general manager accepted, with hindsight, that some of language used was inappropriate and that the emails presented were written while she was frustrated and annoyed. She asserted she was unaware of any grievance on the part of the claimant. The operations manager observed disagreements but no aggressive behaviour. The Tribunal accepted that the relationship between the claimant and the general manager was difficult and fractious.

“The actions and behaviour of this manager contributed significantly to the decision of the claimant to resign from the respondent. Some of the emails sent by that manager to the claimant were aggressive and offensive.”

These emails were compounded by what the Tribunal called the general manager’s “verbal airings” with the claimant. These behaviours together with the lack of a clear

managerial structure led to the claimant’s resignation. In other words, the behaviour of the general manager combined with the lack of an appropriate manager to whom the claimant could air her grievances meant that the claim of constructive dismissal could succeed even where the claimant had not availed of the grievance procedure.

Full case decision:

https://www.workplacerelations.ie/en/Cases/2015/January/UD1013_2013.html