Employer Deemed Unreasonable Not Allowing Employee Withdraw Her Resignation

Patricia Groarke v Pat The Baker (ADJ-00048826) is a decision of the Workplace Relations Commission (“WRC”) in a case under the Unfair Dismissals Acts 1977-2015 (the “Acts”) which concerned the Complainant’s resignation and the employer’s refusal to permit her to withdraw her resignation.

Facts: The Complainant started working for the Respondent on 14^th November 2022 as a Van Sales Driver. This role involved delivering bread to various locations and placing bread in the allocated space in the stores. In her WRC Complaint Form the Complainant described an upsetting incident that occurred on 11^th November 2023, following which the Complainant resigned. On 11^th November the Complainant found another company’s produce on a shelf she regularly used in SuperValu. The Complainant submitted that the manager of the shop, “Mr R”, acted in a belittling way towards her and told her the shelf was never hers. She alleged Mr R had asked “was she thick”.  She tried to call her line manager four times. The Complainant’s account, and the Respondent’s account, of the subsequent call differs. The Complainant described her line manager ringing her back 28 minutes later stating that he had spoken with Mr R, who alleged she had thrown produce and that he had it on camera. The Complainant contended that she was told to apologise to Mr R, even though she denied that this had occurred. In her evidence before the WRC, the Complainant said she felt she was being treated like an animal, with no dignity and respect, after being on the road since 3am.

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