EAT awards €20,000 under the Unfair Dismissals Acts 1977 to 2007 to waitress who thought she had no option but to leave her employment. Tribunal also finds that the investigation process ineffective.
Waitress-inappropriate touching by manager alleged-complaints and serious allegations-respondent acted quickly-found some of her allegations were substantiated-delay in issuing decision due to absence of waitress on sick leave-no detail of substance of investigation, the content or reasons for outcome communicated to waitress-appeal allowed to decision maker-appeal to decision maker not a valid appeal option-appeal to be sent to a third party not communicated to waitress-respondent made stringent efforts to keep waitress and manager apart-claimant never told she would have complete certainty that this would continue-investigation process flawed-no evidence of content of investigation-Tribunal does not believe “safe environment” to work in-efforts by employer to resolve issues-request from claimant’s union ignored-employer sought to engage directly with complainant-complainant had no choice but to leave-investigation process ineffective-Minimum Notice and Terms of Employment claim not addressed and dismissed-awarded €20,000 under Unfair Dismissals Acts.
Decision published: 30th October, 2012