The Labour Court set aside a Rights Commissioner’s recommendation and determined that the Salvation Army should offer a worker €10,000 in full and final settlement of his claims. Its decision was dated 28 October 2003.
The worker, a catering assistant and porter at the Salvation Army’s York House Hostel in Dublin, appealed after the Rights Commissioner found for the employer on his constructive dismissal claim. The Salvation Army said he had resigned voluntarily and said it had offered him alternative work and confidential counselling.
The Labour Court found that the worker had experienced bullying, harassment and physical assault at work. It said these events caused continuing stress and anxiety and left him unable to continue in his job. The Court found the employer’s response inadequate and said it was not unreasonable for the worker to seek a severance settlement.
The Court allowed the appeal and substituted its determination for the earlier recommendation. It said the employer should offer, and the worker should accept, an ex-gratia lump sum of €10,000 to settle all claims.