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Female van driver unfairly dismissed, WRC rules

Pat the Baker employee claims to have been treated ‘like an animal’

WRC adjudicating officer Emer O’Shea recommended a payment of €3,500 to Patricia Groarke. Photograph: Alan Betson

Tue Jul 2 2024 - 17:53

A woman who worked as a van driver for Pat The Baker and claimed to have been spoken to “like s***” and “treated like an animal” by a third-party shop manager was unfairly dismissed from her position, the Workplace Relations Commission (WRC) has decided.

Patricia Groarke was employed as a van salesperson with Pat The Baker from November 14th, 2022, to November 15th, 2023, the latter date on which, she submitted, she was unfairly dismissed.

Ms Groarke submitted to the WRC the details of an incident at a SuperValu that took place while on duty on November 11th, 2023, which resulted in her quitting her employment. Following that incident, Ms Groarke said she was given an opportunity to reconsider her position by her employer.

In her decision, WRC adjudicating officer Emer O’Shea said the subsequent offer to reconsider, made to the claimant, was withdrawn and she was dismissed unfairly.

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In her complaint to the WRC, Ms Groarke submitted she arrived at a premises on November 11th, 2023, to find another company’s produce on the shelf she had been using since she began employment. When the claimant started to move the items, the manager of the shop told her the shelf was “never yours”. Ms Groarke said the shop manager was speaking “while laughing at her in a belittling way”.

Ms Groarke said she tried to call her line manager to attend but to no avail. The line manager then called her to say that he had spoken to the shop manager who alleged that Ms Groarke had thrown the produce and that it was on camera. Ms Groarke denied this and asked her line manager to check the cameras, adding that the shop manager was dismissive towards her and treated her “with no dignity or respect”.

Ms Groarke submitted that she felt she was being “treated like an animal” and that the manager of the shop asked her was she thick.

The respondent, Pat The Baker, submitted that there was no jurisdiction to hear the complaint, as the claimant did not have the requisite one-year service at the time of the resignation. The respondent submitted that no dismissal had taken place and that the claimant resigned of her own volition.

On the day of November 11th, 2023, Ms Groarke’s manager said he received a WhatsApp message from Ms Groarke stating she was resigning from her position. As a response, the manager said he tried contacting the claimant but to no avail.

Ms Groarke later told her manager: “No, I’ve told you I’m done, not going to be spoken to like s***. I’ve never let ye down, always done what I was asked and enough is enough, thanks for everything.”

The manager requested that the claimant work out her notice period. However, Ms Groarke said: “I’ve quit, not handed in my notice.” The manager responded: “So, that is that, you have finished as of today?” with Ms Groarke replying: “Yes.”

On November 14th, 2023, Ms Groarke wrote to a human resources (HR) person saying: “I’ve been thinking a lot about things since we had the phone call yesterday and if I was to consider going back, what are the chances of a pay-rise, as if money was to improve somewhat it might make my decision easier.” On November 15th, Ms Groarke requested that she return to the same role.

On the same day, the HR person responded, saying that, unfortunately, her role had been filled.

In finding for Ms Groarke, Ms O’Shea said: “I find that a reasonable employer would have allowed the claimant to revoke her resignation and their refusal to do so amounted to a dismissal.

“The respondent effected the termination of employment without any investigation and without adherence to fair procedures. Consequently, I am upholding the complaint of unfair dismissal,” said Ms O’Shea.

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

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