A sales representative who was shown pornography by his manager in the course of a “dysfunctional” employment relationship has been awarded compensation of €24,900 for constructive dismissal.
Glen Cotter worked for Marlboro Trust (Retail) Limited for seven years before resigning in April 2021, when he informed his employer that working for the company had made him “physically and mentally ill due to bullying”.
In a complaint to the Workplace Relations Commission (WRC), Mr Cotter claimed he had been constructively dismissed, citing an “inexcusable pattern of events” in the course of his employment.
He referred to several instances in which his manager had “behaved in a way which was aggressive, belittling and condescending”, as well as launching a “direct verbal attack” on one occasion.
An adjudication hearing of the WRC was told that Mr Cotter felt “compelled to socialise” with his manager on a work trip to Kerry in June 2018, when he was shown pornography and was “disgusted”.
The manager “pulled out his phone in the bar” and “canvassed the attention of those present” before showing them pornography on the device, according to the complainant.
Mr Cotter subsequently reported this incident to the CEO of the company, and was asked why he didn’t just quit. He explained that he didn’t want to be bullied out of a job that supported him and his family.
The WRC was told that the CEO spoke with the manager but the behaviour persisted. Mr Cotter eventually went on sick leave, citing bullying and an acute stress reaction.
While he was absent, allegations were made regarding money that appeared to be missing. He was suspended pending an investigation but was unable to attend due to ill health.
He told the WRC that he felt as though he was being managed out of the business, and his solicitor had provided the company with a letter outlining his grievances and the way in which they were affecting his health.
He gave two weeks’ notice and resigned in April 2021.
A representative for Marlboro Trust (Retail) Limited argued that the company had not acted unreasonably so as to make the working relationship intolerable, and contended that Mr Cotter had acted unreasonably in resigning. It also claimed he had not exhausted the internal grievance procedures.
WRC Adjudication Officer Patsy Doyle noted that the company had indicated that it would mount a “robust defence” to Mr Cotter’s claim, but subsequently indicated that it would not be presenting any witnesses.
Ms Doyle said she found this “flip flop” approach disrespectful to the WRC and was “left wondering” what really had occurred in this case.
She described Mr Cotter as a “frail employee” who was clearly struggling with his work for a long time. She accepted that he had not initiated a grievance of his own but said his solicitor’s letter had put his employer on “red alert” about his issues.
“I am clear that he had flagged his unease on the way he was treated on a number of occasions and was not heard,” she said.
“By coupling the concern about the missing lodgement alongside an audit outcome and superimposing these on an employee out on medically advised sick leave, I found the respondent acted unreasonably and severed an already extremely frail employment relationship.”
In her decision, Ms Doyle said the company had failed in its duty of care to Mr Cotter. She said he had been unfairly dismissed through unfair dismissal.
She ordered the company to pay €24,900 in compensation to take account of his actual and prospective loss, and recommended that they develop a new policy on sick leave.
Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.
