Courts

Life coach, whose relationship with employer became ‘toxic’, awarded €22,000

Process followed was open to a ‘major charge of unfairness’, the Workplace Relations Commission ruled

Liam Galvin told the Workplace Relations Commission that he was given “no reasons” why he was asked to take a reduced position within the company or accept redundancy and all proper employment procedures were ignored. Photograph: Colin Keegan, Collins

Thu Aug 24 2023 - 13:17

A life coach who said his relationship with his employer became “toxic” and claimed he was “coerced” into signing a redundancy agreement has been awarded €22,000 for unfair dismissal.

Liam Galvin was employed as a life coach with Cumas New Ross CLG, a disability support organisation, from April 4th, 2005 until September 20th, 2019.

Mr Galvin told the Workplace Relations Commission (WRC) that when he returned from annual leave on Monday July 29th, 2019 the then general manager informed him that he must either take a reduced position within the company or accept redundancy.

He said he was told he had to decide by Friday, August 2nd, 2019 which option he was choosing.

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Mr Galvin said he was given “no reasons” for this situation and all proper employment procedures were ignored.

The life coach sought adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977.

Upholding the claim, the WRC ruled that the organisation’s “unseemly haste” in seeking a response from the life coach supported Mr Galvin’s view that he was “unfairly pressurised”.

The WRC heard the worker was paid €39,911 per annum for a 35-hour week.

At a hearing earlier this year, Mr Galvin, assisted by a family member, told the WRC that he wrote a memo on August 1st asking for reasons and details of the alternative position. He said he was told that “he had all the information he needed”.

Mr Galvin said that on August 9th, under severe distress he signed the letter stating that he was accepting redundancy.

On the August 12th an administrator offered details of an alternative facilitator position at a reduced salary of €34,668.

Mr Galvin said he signed another letter, declining the alternative position, again under “severe distress” as the then general manager had informed him that if he did not sign, the redundancy offer would be withdrawn, and he would simply be dismissed without a severance package.

Following these incidents, the complainant served out his notice and left the employment on September 20th, 2019.

He lodged an appeal to the board on September 21st and a reply was received two months later stating that: “There is no case to answer”. No appeal was heard.

Mr Galvin argued he was “coerced” into signing the redundancy agreement and the letter declining the alternative position without any proper consultations.

He said he was not allowed any opportunity of professional representation and the entire process was “rushed through in complete disregard of all his rights”.

He denied an assertion put to him by solicitor Robert Jacob, of Jacob and Twomey Solicitors LLP, acting on behalf of the respondent, that the complaint was simply about “increasing his severance pay”.

Mr Galvin said the relationship with his employer had become “toxic” following the meetings and claimed he was “railroaded” out of his employment.

Cumas New Ross CLG told the WRC that in July 2019, Mr Galvin was informed that his position as Life Coach & PCP was at risk of Redundancy and an alternative role as a day Service Facilitator was discussed.

The current general manager, who was appointed a considerable time after the ending of the employment, explained that the Life Coach & PCP model had to be seen in the context of evolving clinical practices and changing HSE policy directives in this disability sector. The redundancy of the complainant could, she felt, be possibly explained on this basis.

She was not employed with Cumas New Ross CLG at the time and could only speculate regarding events in 2019, she said. The then general manager was no longer employed by the organisation and was not available for the hearing.

Mr Jacob maintained that the redundancy had been properly carried out in keeping with all regulations.

WRC adjudication officer Michael McEntee said Mr Galvin’s sworn evidence was that his options were either to accept a lower paid job or take redundancy with no other alternatives.

He noted that efforts at discussion appeared to have been “rebuffed”.

He said the Cumas New Ross CLG representative at the hearing effectively stated that it was all “before their time” and all they had were paper records which clearly showed that Mr Galvin had signed for and accepted redundancy.

“The adjudication viewpoint has to be based, in the absence of the key respondent witnesses, on the overall context and the oral evidence on the day of the hearing,” he noted.

He said regrettably, Mr Galvin had fallen seriously ill since 2019 and was limited in his ability to give evidence.

Mr McEntee noted the complainant was advised of being at risk on July 29th and was given until August 2nd to give his decision. He said this “unseemly haste” had to support Mr Galvin’s view that he was “unfairly pressurised”.

He said neither the then general manager nor the then administrator were available to give any other rebuttal view.

He said even if a redundancy was justified, the procedures and timelines were so “truncated” as to make the process open to a “major charge of unfairness” and as the respondent had not been able to refute this charge, the Unfair Dismissal claim had to be found to be warranted.

Taking all matters into account, he awarded a redress amount of €40,000 - reduced by the €17,964 already received by way of redundancy - giving an unfair dismissal award of €22,036.

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