A PEST control technician has been awarded €25,000 compensation by an Employment Appeals Tribunal after it found his bosses had ignored his pleas that a substantial increase in his workload was making him ill.
The tribunal said it was satisfied that Patrick Joseph Walsh, Main Street, Ballymahon, Co Longford, was justified in resigning from his job at Rentokil Initial, Hazel House, Mill Park, Naas, Co Kildare and claiming constructive dismissal.
It described Mr Walsh as “a conscientious and competent employee” and said the uncontroverted evidence was that his service performance was excellent.
“Over the first half of 2006 the claimant’s portfolio was substantially increased and this impacted on the level of service available to the customers and on the claimant’s working hours.
“Despite his complaints about this no positive steps were taken by management to deal with it,” the three members of the tribunal said in a determination yesterday.
The tribunal was told he made a number of complaints to his bosses about an excessive workload and said he would no longer facilitate the company through early starts, short lunches and late finishes.
From January to June 2006 Mr Walsh’s call cards increased from 213 to 292 and the value of his portfolio increased from €139,000 to €176,000. The work was causing him stress.
He resigned in October citing “persistent failure” to address a number of major concerns and issues, which, he felt, made his position untenable.
The tribunal criticised Rentokil for indicating that a medical appointment was being arranged because Mr Walsh was stressed by his work and then, five days later, sending him two letters, one containing a formal written warning and the other admonishing him for “unapproved visits to the office”.
“Not only are these letters insensitive at this time but also they belie any sense of concern for the claimant and put in question the motive behind sending him for a medical examination . . . the tribunal finds that the warning was not justified.”
The tribunal said no attempt was made to assist Mr Walsh in obtaining or availing of stress management or to ascertain if he was making his own arrangements.