Bra Saleswoman Wins €15,800 Constructive Dismissal – Irish Times
Employer Fails Duty of Care, Awarded €15,800 in Unfair Dismissal Case
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A tribunal has ruled in favour of an employee who claimed unfair dismissal, stating her employer failed in its duty of care by not addressing serious concerns about staffing levels and a toxic work habitat.
Staff Shortages and Toxic Environment Lead to Unfair Dismissal Ruling
Ms. Breslin, an employee, repeatedly raised concerns with her employer about significant understaffing within her department. She highlighted that these shortages were directly leading to lost sales as customers left without being served. Though, her employer dismissed these concerns as a “commercial point and not a personal grievance.”
The tribunal heard that Ms. Breslin experienced seven periods of certified medical leave between January 2022 and the summer of 2023. During her fifth period of leave in June 2023, she communicated via email that she believed her illness was “work-related.” She detailed how “major obstacles” were preventing her from performing her job effectively, a situation that had worsened over the preceding four months and was negatively impacting her working life due to a “stressful and sometimes toxic work environment.”
In response to these deeply concerning communications, Ms. Breslin was told by her employer, “I am hoping you can get to the bottom of your sickness so you feel better.”
Resignation and Employer’s Response
Ms. Breslin worked her last shift on June 25, 2023, and ultimately did not return to work. She tendered her resignation on October 31, 2023. The managing director of the company, who provided evidence at the tribunal, stated she had assumed Ms. Breslin would return upon recovery and that her resignation was “pleasant and made no mention of issues or other employees’ behavior.”
When questioned under cross-examination, the managing director acknowledged being told Ms. Breslin felt ”burned out” and understood there was an issue of work-related stress. However, she maintained that she did not connect this to Ms. Breslin’s resignation. When asked about the steps taken to address the staffing issues Ms. Breslin had raised,the managing director stated these were “a matter for the shop.”
Tribunal’s Findings and Award
Adjudicator Patricia Owens, in her decision, noted that Ms. Breslin had been raising “serious concerns for her physical and mental health” as October 2021. While the managing director had made efforts to resolve “minor issues” such as medical certificates and annual leave, “more complex matters” concerning roster problems and staff shortages “were never addressed.”
Ms. Owens concluded, “I consider that the respondent failed in its duty of care to the complainant to protect her health, safety and wellbeing while at work.” The adjudicator deemed the company’s failure to adequately respond as amounting to “repudiation of contract,” thereby upholding Ms. Breslin’s unfair dismissal claim.
Consequently, Ms. Owens awarded Ms. Breslin €15,800, representing her full losses for five months of unemployment. A separate complaint of disability discrimination under the Employment Equality Act was ruled out of time by the Commission.Ms. Breslin was represented by Aisling Irish of Parker Law Solicitors, while human resources consultancy Tom Smyth and Associates appeared for the employer.