The bar manager referred to in the voice note, identified only as Mr A, said he found out from Ms B that she had sent the voice note “in error” and told the bartender to “take whatever time she needed to get better”. Ms Z said her supervisor then told her that the bar manager had wanted to give the message personally but that Ms B “thought it would be better coming from a woman”. She said her supervisor asked for a “private word” and then told her: “You’re sick, you’re not suited to the job” – or “words to that effect”, Ms Z told the tribunal. Ms Z said received the voice note while she was waiting to be relieved – and had just finished listening to it when her supervisor arrived. The commission upheld her complaint under the Employment Equality Act 1998, making a finding of discriminatory constructive dismissal against her former employer, an unidentified hospitality group which employs around 100 staff across 12 businesses. She said she suffered “stress and humiliation” over what happened and argued she was left with no alternative but to quit. The bartender, Ms Z, said in evidence that she had asked her supervisor to keep the details of her anxiety disorder private. F***ing hates (sic) doing it but said: ‘Look, she has to go’,” the supervisor said in the recording, which was presented in evidence to the Workplace Relations Commission (WRC) by the bartender’s lawyers at a hearing last December. “ is f***ing killed with her nerves so she’s over there in a panic attack now…I have to get rid of her now. A bartender who accidentally got a voice note from her supervisor stating that she had been ordered to “get rid” of the worker because of her anxiety disorder has been awarded €10,000 for a discriminatory constructive dismissal.
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