Van driver unfairly dismissed under WRC rules – The Irish Times

A woman who worked as a van driver for Pat The Baker and who claimed she was treated “like shit” and “treated like an animal” by a third-party store manager was unfairly dismissed from her job, the Workplace Relations Commission (WRC) has ruled.

Patricia Groarke was employed as a van salesperson at Pat The Baker from 14 November 2022 until 15 November 2023, when she claims she was unfairly dismissed.

Ms Groarke submitted to the WRC details of an incident that occurred at a SuperValu while she was on duty on 11 November 2023, which led to her leaving her employment. Following the incident, Ms Groarke said her employer gave her the opportunity to reconsider her position.

In his decision, WRC adjudicating officer Emer O’Shea said the complainant’s subsequent offer of review had been withdrawn and she had been unfairly dismissed.

In her complaint to the WRC, Ms Groarke said she arrived at a premises on 11 November 2023 and found another company’s products on the shelf she had been using since she started work. When the complainant began moving the items, the store manager told her the shelf was “never hers”. Ms Groarke said the store manager spoke to her “while making fun of her in a derogatory manner”.

Ms Groarke said she tried to call her manager to come and see her, but to no avail. The manager then called her to say he had spoken to the store manager who claimed Ms Groarke had thrown away the products and that the video was being filmed. Ms Groarke denied the allegations and asked her manager to check the cameras, adding that the store manager had disdained her and treated her “without dignity or respect”.

Ms Groarke said she felt like she was being “treated like an animal” and was asked by the store manager if she was stupid.

The respondent, Pat The Baker, argued that she did not have jurisdiction to hear the complaint because the complainant did not have the required year of service at the time of her resignation. The respondent argued that no dismissal had taken place and that the complainant had resigned of her own accord.

On 11 November 2023, Ms Groarke’s manager said he received a WhatsApp message from Ms Groarke stating that she was resigning from her position. In response, the manager said he tried to contact the complainant but was unsuccessful.

Ms Groarke later told her manager: “No, I told you I’m done, I don’t want to be called a s***. I never let you down, I always did what I was asked and that’s enough, thanks for everything.”

The manager asked the complainant to calculate her notice period. However, Ms Groarke stated: “I resigned, I didn’t give my notice.” The manager replied: “So that’s it, you’re done as of today?” and Ms Groarke replied: “Yes.”

On 14 November 2023, Ms Groarke wrote to a person in human resources (HR) saying: “I have thought a lot about some things since we had the phone call yesterday and if I were to consider coming back, what are the chances of a pay increase, because if the money were to improve somewhat it might make my decision easier.” On 15 November, Ms Groarke asked to return to the same position.

The same day, the HR person responded that, unfortunately, his position had been filled.

Ruling in favour of Ms Groarke, Ms O’Shea said: “I consider that a reasonable employer would have allowed the complainant to revoke her resignation and that her refusal to do so amounted to dismissal.

“The defendant terminated the employment contract without investigation and without due process. Therefore, I uphold the claim for unfair dismissal,” Ms O’Shea said.

Ms O’Shea then recommended a payment of €3,500, adding that “in all the circumstances I find that the date of dismissal was 15 November 2023 and that, accordingly, the claimant had the requisite period of service to have standing under the Act.”