Waitress (FT) started April 08: sexual harrasment & bullying. Constructive Dismissal?

C

carina

Registered User
Messages
132
Hi guys,
I am looking for some advice.

I was working full time (on the books) in a restaurant in Dublin City Centre until Wed night.

The boss - owner/manager caused me to walk out as I could not work for him any longer.

Not only was he sexually harassing me - making lewd comments, inappropriate suggestions, touching my hand, back etc; at every opportunity. When I asked him to stop he started to bully me - there was a dramatic change in his attitude towards me, he started making comments about me to and infront of other staff, he began confronting me about every little thing I did and humiliated me in front of customers. He made my life unbearable.

On Wed night after I left work he sent me a text message saying something along the lines of -
"Carina if the kitchen not happy wit you tomorrow nothing I can do for you?"

I called him immediately and said that he had sent me a message but that I didn't understand what he was trying to say. He was very flustered, he began by asking me what the message said and then said that the kitchen said that when I work it is very slow and I am always tired!!

I said that it was he who had a problem with me after I stood up to him. He said I was mad and that he was the only one who didn't have a problem with me but everyone else in the restaurant did - I spoke to one of the girls yesterday and she was disgusted as she said that she never heard anyone say a bad work against me (I have a lot of experience)

After a very heated discussion I said that I would be in on Fri (tonight) to collect my wages as he has made it impossible for me to continue working there. He demanded that I come in on Thursday, I said no.

I am now unemployed for the first time in my life. I don't even know if I'm entitled to the dole while I look for a new job.

Any advice would be much appreciated.

Carina
 
Last edited by a moderator:
Re: Constructive dismissal

Not a pleasant experience for you!:(

I don't know about the dole.

From the point of view of Constructive dismissal, how long were you working there?
 
Re: Constructive dismissal

Contact your social welfare office on Monday to sign on for the dole. If you have enough stamps, you will probably qualify. Talk to Citizens Information Centre or a solicitor about constructive dismissal and/or sexual discrimination.
 
Re: Constructive dismissal

Carina,

Question from me would be, would you take your job back if the situation were to stop and your manager's behaviour was at a professional level
 
Re: Constructive dismissal

Thanks for the replies. I was only working there since the end of April which seems to cause a problem.
No I would not work there again, I felt far too uncomfortable.
I have been to Citizens Advice, they weren't great to be honest. Think I'll go to see a solicitor.
 
Re: Constructive dismissal

I'm afraid you need to have 12 months continuous employment with an employer before you can bring a constructive dismissal case.
 
Re: Constructive dismissal

Carina, try looking up this

Code of Practice on Sexual
Harassment and Harassment at
Work​
This code has been given legal effect in the Statutory Instrument entitled
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002​
(S.I. No. 78 of 2002)
 
Re: Constructive dismissal

I would seek legal advise with a solicitor Monday morning sharp. This is clearly a case of harrassment (resulting in constructive dismissal) ! I know you're entitled to compensation in cases of constructive dismissal but I am not sure if they're is an employment time-frame set to it (i.e. if you had to work there for 6 months, a year etc.). Your solicitor will clarify this for you though.
 
You must log in or register to reply here.
Back
Top