Work Grievance

Here is an update.

I appealed grievance outcome from last year. Appeal is still ongoing. I returned to work a few months ago and just got my head down and got on with it.

I have secured a new job starting in couple of months but have not yet handed in notice. Will do so in coming weeks in accordance with contractual notice period.

Should i hand in notice and cite constructive dismissal on basis that grievance appeal has still not been dealt with it(They have progressed it though). A final straw type situation.

I may have accepted any wrongdoing by my employer just by continuing to work there. Although, i would argue that i have been waiting for grievance to conclude. Its frustrating that its still ongoing.

I know that constructive dismissal claim is limited to loss of earnings which would be essentially zero as id be starting elsewhere almost immediately after finishing. However, im aware that there is a token payment, in this scenario, of 4 weeks wages so thats worth pursuing.

Any advice, comments, suggestions would be very welcome. Thanks.
My tuppence is to move on, its difficult but your time at that company is coming to a close and for your own sanity and mental wellbeing just hand in your notice and leave. ( they might let you go with pay)

I think there are very few of us who didn't endure something negative in our working lives, but the past is the past and shouldn't be something to cloud your future.

Best of luck.
 
Here is an update.

I appealed grievance outcome from last year. Appeal is still ongoing. I returned to work a few months ago and just got my head down and got on with it.

I have secured a new job starting in couple of months but have not yet handed in notice. Will do so in coming weeks in accordance with contractual notice period.

Should i hand in notice and cite constructive dismissal on basis that grievance appeal has still not been dealt with it(They have progressed it though). A final straw type situation.

I may have accepted any wrongdoing by my employer just by continuing to work there. Although, i would argue that i have been waiting for grievance to conclude. Its frustrating that its still ongoing.

I know that constructive dismissal claim is limited to loss of earnings which would be essentially zero as id be starting elsewhere almost immediately after finishing. However, im aware that there is a token payment, in this scenario, of 4 weeks wages so thats worth pursuing.

Any advice, comments, suggestions would be very welcome. Thanks.

Move on, make sure you get a reference, even if it is only to confirm the dates you worked (most multinationals will only give that) and request an exit interview before you leave and use it to vent.
 
Thanks.

I have no real interest in venting anymore. I have kind of done that in my grievance. An exit interview would be of no use or satisfaction to me at this stage, im sure it could be of use to my employer though.

I am moving on, starting a new job soon. No issue there. References seem to be more of a background date-check on the part of a prospective employernowadays too.
.

Im just wondering aloud...what have i got to lose by citing the fact that my long running grievance has not yet been dealt with, when I check out. Its easy for me to submit a complaint to the wrc and why wouldnt I?

Be interested to hear a persuasive argument for why I should not.
 
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Im just wondering aloud...what have i got to lose by citing the fact that my long running grievance has not yet been dealt with, when I check out. Its easy for me to submit a complaint to the wrc and why wouldnt I?

Be interested to hear a persuasive argument for why I should not.

I would say the emotional cost and stress in dragging everything back up, getting all your documentation together, potentially legal costs etc. for the next year or even longer through the WRC - for at most 4 weeks of wages? It's not worth it imo
 
Agree that if its for 4 weeks wages it's not worth the hassle.
2 reasons:
1. Names are now published by wrc- long term this could affect your chances of promotion/new opportunities etc. Ireland is small.
2. How much time and energy will a wrc claim cost you? A solicitor will do it but will their legal fee even cover the amount of the award? I doubt it. (Wrc don't award legal costs to the winning party- it's not like court).
I'd wager you won't get a lawyer to confirm in writing in advance they will run the case on the basis that their fee is fixed at exactly x amount .
If you can get a lawyer to agree that and you're not worried about publicity, it might be worth a shot.
If you go it alone, how much time and energy can you give it? Your time, energy and peace of mind is valuable.

Maybe the sweetest revenge is getting a better job!
 
I agree with the comments about moving on and putting it behind you. There’s a value to that if you think you can move on.

On the other hand, it might irk that you left without justice being served and the impulse to give them a bloody nose on the way out may seem strong.

A grievance procedure that takes as long as it seems to on this occasion seems flawed and, procedurally, the company seems exposed.

You could argue that the company’s failure to properly administer your grievance left you with no option but to leave. As with any constructive dismissal case however, the burden of proof is with you. From reading the history, it could be argued that you didn’t agitate forcefully for a resolution but the company should definitely have handled this better, if only to reduce their own exposure.
 
I agree with the comments about moving on and putting it behind you. There’s a value to that if you think you can move on.

On the other hand, it might irk that you left without justice being served and the impulse to give them a bloody nose on the way out may seem strong.

A grievance procedure that takes as long as it seems to on this occasion seems flawed and, procedurally, the company seems exposed.

You could argue that the company’s failure to properly administer your grievance left you with no option but to leave. As with any constructive dismissal case however, the burden of proof is with you. From reading the history, it could be argued that you didn’t agitate forcefully for a resolution but the company should definitely have handled this better, if only to reduce their own exposure.
I been through the WRC process three times now... It's not a very difficult process to navigate and the financial costs are near to zero.. It can be done by yourself with no need for solicitor's on your side... The same cannot be said about the other side.. They may engage solicitors and barristers as happened in my case.
What I would agree on is the potential emotional stress that a case might cause versus the benefit that you might receive if you are successful.. The length of time from lodging case to getting a decision would be approx 18 month's
 
Thanks again folks.

I would represent myself so financial cost would be zero.

Time, energy, thought - that id need to invest would be minimal. I have my grievance documentation and it would take me no time to write up a brief synopsis.

Im not too bothered about the publicity, why would I be. I dont think prospective employers would trawl through wrc cases but maybe they do.
 
Im not too bothered about the publicity, why would I be. I dont think prospective employers would trawl through wrc cases but maybe they do.
Depends what field you work in and at what level, many of the big employers will pay background checking services to search that kind of information. The more senior the role, the deeper the checks.
 
Just curious. You said you returned to work a few months ago in your update. Did you take unpaid leave or something during the grievance process ?
 
If an employer checked wrc cases and found out that somebody raised an issue with a prior employer, so what? I guess it might put some employer off....but id probably not want to work for that type of employer. It really shouldnt reflect badly on an individual, that they raised a legitimate issue with an employer.
 
Soi handed in my resignation recently and cited constructive dismissal. A few hours later my grievance appeal outcome was delivered. none of it was upheld. Some points werent even addressed which is so frustrating. Theyve dealt with the main parts but theyve managed to spin it. Anyway..im fed up with it now.

In my resignation email i cited the unreasonable length of time taken to administer my grievance (see previous posts in this thread) as being the final straw that left my role untenable and with no choice but to resign in response to their breach of contract.

I think its gas that they suddenly got my grievance closed off on same day i resign.Its too late though and the damage has been done. I have lost all trust and confidence in my employer.

I wonder though has their sudden closure of the grievance given them a tactical leg up as it were? Or does it just show that they were playing me all along? Or both...

Should i wait until i serve my notice before submitting a case to wrc or do it now? I have nothing really to lose in making a case.
 
Should i wait until i serve my notice before submitting a case to wrc or do it now?

What's to be gained by waiting? If you're going to submit a case, why not initiate the process immediately?

The company obviously doesn't care what you do. By delaying, you just delay yourself.
 
I have lost all trust and confidence in my employer.
They don’t care. Deal with that.

They closed the book on the grievance thing to tie up loose ends. They don’t care what you do. They’ll deal with it. You may be right or not. They’ll deal with whatever you choose to respond with.

Your best bet is to move on with whatever makes you happiest.
 
They don’t care. Deal with that
100%. I know this.

The trust and confidence thing is something i was advised to include in my resignation. It happens to be true as well.

Ill submit a complaint to wrc, nothing to loose. Few quid to gain. And i know that they know that i have a decent legal basis for my claim.
 
100%. I know this.

The trust and confidence thing is something i was advised to include in my resignation. It happens to be true as well.

Ill submit a complaint to wrc, nothing to loose. Few quid to gain. And i know that they know that i have a decent legal basis for my claim.
Application to the WRC will take at least at year and more likely longer before you even get your hearing.

You must ask yourself will it be worth it..the company (if they even engage with the WRC) will be represented by their own legal team (SC). If you win your case, you will not get an apology from them and since you have gone from one employment straight to another what loss of income have you suffered and what compensation so you think you might get?

Just a thought...
 
Minimum ill get is 4 weeks wages so, for me its prob worth it and i dont mind it taking 12 or more months.

I dont care if they apologise or not, to be frank, im a big boy.

Genuine question - why wouldnt it be worth it? What have i got to lose given that its a simple process, im happy to represent myself etc?

Its more of a nuisance for employer than for me!!
 
You seem pretty committed to the decision on what you are going to do already so I am not sure why you are posting here for advice or guidance - it seems to be just for validation of your own course of action. In which case, I hope things work out for you as you hope.
 
Minimum ill get is 4 weeks wages so, for me its prob worth it and i dont mind it taking 12 or more months.

I dont care if they apologise or not, to be frank, im a big boy.

Genuine question - why wouldnt it be worth it? What have i got to lose given that its a simple process, im happy to represent myself etc?

Its more of a nuisance for employer than for me!!
It's much more important for you to get on with your life and put this nasty experience behind you... In the big scheme of life is potentially a months salary worth the emotional burden this may cause you..it may be very difficult for you to switch off and this grievance might be going around your head for the next year!!

What happens if you don't win and the upset this may cause you!

If you win and receive compensation, it doesn't give much satisfaction... From my experience an apology would have given much more validation than a small amount of money which goes into the usually pot and gets spent on day to day expenses..
 
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