But Labour Court found employee’s actions contributed 80% to decision to end his employment
It said Mr Douglas attended for four days during an initial two-week period then declined to engage with the rest of the campaign. In subsequent exchanges with the union’s General Secretary a compromise arrangement was agreed but Mr Douglas subsequently withdrew his support for it and said he had referred the matter to the Workplace Relations Commission.
In response, Mr Douglas submitted that at a meeting on December 14th, 2018, the General Secretary told Mr Douglas of his intention to relocate him to Dublin “because of concerns as regards his lack of experience, age, capability and mental health”. This, he said, had followed a complaint by a colleague.
Mr Douglas, who was represented in the hearing by Siptu, confirmed that the compromise had been reached but said it was his belief this was with a view to further talks taking place and that he then withdrew from the agreement when he was not given an end date for the relocation. He argued that his subsequent dismissal was unjustified and that the procedures were unfair.
On the evidence it regarded as undisputed, however, it found that Mr Douglas “was not under instruction to permanently or for an unspecified period of time to relocate his place of work to Dublin,” he had “refused on repeated occasions to comply with an instruction of the General Secretary and that, having regard to his contract of employment which incorporates the rules of the Union, these refusals amounted to unreasonable conduct on his part.
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