It's never pleasant when the relationship between employer and employee breaks down, especially when the fall-out is so bad that the case ends up in front of the Workplace Relations Commission (WRC). Recently, Peninsula successfully represented a company in such a case.
The claim
A woman who worked in the accounts department of a haulage company resigned from her job. She mentioned several issues she had, including her salary level and allegations that the managing director repeatedly humiliated her in front of other colleagues.
After quitting, she pursued a claim of constructive dismissal – the legal term for resigning when an employer creates a hostile work environment.
Crucially, the employee insisted she hadn’t been made aware of the company’s grievance procedure. She also hadn’t complained before – neither in person nor in her resignation letter.
To claim constructive dismissal, employees must prove they went through the proper channels before resigning. She couldn’t.
The defence
Peninsula proved that the employee had signed a contract of employment that referred to the grievance procedure. The business had also given her the company handbook, which included the full procedure. Not only that, they sent her an email with a summary of its contents.
In short, they’d done their homework.
Because of this, the WRC adjudicator questioned whether he could rely on any of the employee’s evidence. He also pointed out that the employee didn’t give the company an opportunity to deal with her complaints. As a result, he dismissed the case.
Why it pays to be thorough
This case shows how important it is for your company to have well-written contracts, and also highlights the role of an employee handbook (an abridged version of a company's rules and procedures).
The handbook acts as a useful resource and reference point for all members of staff, which they can consult whenever they're unsure of a specific policy, such as your grievance procedure.
Unlike a contract of employment, an employee handbook isn’t a legal requirement. But as this case shows us, it saves you a lot of hassle.
How Peninsula can help you
Aside from representing you in an employment tribunal, our experts will help you draft watertight contracts and tailor-made employee handbooks.
To find out more, call us on 0818 923 923.
