A bar worker who told a member of management to “f**k off” after she was hit with a glass on St Patrick’s Day has been awarded more than €14,000 for unfair dismissal and other breaches of employment law.
The Workplace Relations Commission (WRC) found that while Ruth Kelleher shared “some of the fault” for confusion which arose over whether she had resigned or been let go, her employer – Havenhill Trading Limited The Coachman Public House – had failed to take the necessary steps to establish that there was a genuine resignation in this case and should have been “more circumspect” in dealing with the matter.
Ms Kelleher had submitted that she had worked as a bar person for almost 17 years until her employment was terminated, without notice, on March 18th, 2022.
Ms Kelleher told the WRC that following an incident on St Patrick’s Day in 2022, one of her employers had asked her for her keys as he had forgotten his own set. When she inquired if he was sacking her, he told her “no, I’ll call you if I need you”. She said she believed the keys being taken from her was a sign that she was being let go.
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However, her employer had contended that Ms Kelleher had been “very aggressive” when asked for the keys, throwing them on the floor before telling him: “I’m out of here, I’m finished.” He said it was his understanding that Ms Kelleher no longer wished to work for the respondents.
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Ms Kelleher denied she was intoxicated on March 18th, 2022 or that she had a verbal altercation with Mr B. She also denied throwing keys at Mr S on March 18th, 2022.
At the hearing the respondent, Mr S, said his daughter, Mrs M, had called him, telling him she had been the subject of insults during a telephone call from Ms Kelleher.
She told him Ms Kelleher had told her that she was no longer going to work in the pub. Mr S said he went to speak to Ms Kelleher, who was “very aggressive”. He said when he asked for the keys, Ms Kelleher threw them on the floor and left. He said his understanding was that Ms Kelleher no longer wished to work for the respondents.
Ms Kelleher’s complaint under the Unfair Dismissals Act 1977 was upheld by the WRC and she was awarded €6,480.
Adjudication officer Roger McGrath said the respondent was not reasonable in construing the words used by Ms Kelleher on March 18th, 2022, as words of resignation.
He said it was up to the employer to confirm a resignation, which must be “clear and unambiguous”. The onus is on the employer to take such steps as necessary to establish there was a genuine resignation, for example, requesting the employee to confirm in writing that they wish to resign. “In this instance, the employer failed to take those necessary steps. Therefore, I find this was not a resignation, but a dismissal and, in the circumstances, an unfair dismissal.”
However, he said Ms Kelleher must share “some level of responsibility”.
He awarded Ms Kelleher a further €4,320 after ruling she was entitled to eight weeks’ notice payment under section 12 of the Minimum Notice & Terms of Employment Act, 1973 and €1,080 under section 27 of the Organisation of Working Time Act, 1997 in lieu of untaken holiday leave.
Mr McGrath awarded Ms Kelleher a further €2,160 for a claim under section 7 of the Terms of Employment (Information) Act, 1994 stating that she had never received payslips or a contract of employment.
