{"id":14158,"date":"2025-07-03T15:23:43","date_gmt":"2025-07-03T19:23:43","guid":{"rendered":"https:\/\/sharewatch.com\/wp\/2025\/07\/03\/power-company-salesman-abused-by-public-loses-claim\/"},"modified":"2025-07-03T15:23:43","modified_gmt":"2025-07-03T19:23:43","slug":"power-company-salesman-abused-by-public-loses-claim","status":"publish","type":"post","link":"https:\/\/sharewatch.com\/wp\/2025\/07\/03\/power-company-salesman-abused-by-public-loses-claim\/","title":{"rendered":"Power company salesman abused by public loses claim"},"content":{"rendered":"<section class=\"medium-10 medium-offset-1 columns article-body\" itemprop=\"articleBody\" data-epic-field=\"content\">\n<p>A field sales rep for PrePayPower, who said his bosses were &#8220;at best indifferent, and at worst hostile&#8221; when told them of escalating abuse from the public amid record energy price inflation, has failed in a claim for constructive dismissal.<\/p>\n<p>The Workplace Relations Commission has rejected a complaint under the Unfair Dismissals Act 1977 by John O&#8217;Brien against Yuno Energy Ltd, trading as Pre-Pay Power.<\/p>\n<p>Mr O\u2019Brien, an experienced salesman, worked for the utility provider from May 2018 until his resignation in March 2023.<\/p>\n<p>He alleged he was forced to quit in the wake of an &#8220;escalating series of incidents&#8221; which arose in late 2022 and early 2023 while he was making sales calls in north and west Dublin.<\/p>\n<p>Giving evidence to a hearing in April this year, he said he encountered &#8220;very abusive and in some cases intoxicated&#8221; people in the field in Blanchardstown, Finglas and Coolock.<\/p>\n<p>He said that on one occasion, he was forced to step in to &#8220;save a colleague from a physical assault&#8221;.<\/p>\n<p>In another incident, a &#8220;scooter-driving teenager&#8221; in Neilstown had also tried to steal his tablet computer from him on another occasion, he said.<\/p>\n<p>Mr O\u2019Brien said he raised these issues with his managers in late 2022, but got &#8220;little or no satisfactory response&#8221;, saying that their reaction was &#8220;at best indifferent, and at worst hostile&#8221;.<\/p>\n<p>He told the WRC that at a sales meeting in early December 2022, he and his colleagues were told they would be &#8220;let go&#8221; if they failed to increase their sales to two a day. He told the WRC he felt &#8220;completely stressed out&#8221; and was out sick until 3 January 2023.<\/p>\n<p>At a meeting on his return to work, his two managers \u2013 identified only as Mr O\u2019C and Mr W in the tribunal\u2019s decision today &#8212; told him he &#8220;was on his own in the field&#8221; and directed him to &#8220;stop ringing&#8221; them and &#8220;annoying&#8221; them about &#8220;minor incidents&#8221;, he said.<\/p>\n<p>On 27 January 2023, Mr O\u2019Brien said he was attacked and bitten by an aggressive dog. He said Mr O\u2019C undertook to investigate, but nothing came of that.<\/p>\n<p>He told the WRC he ran out of patience after Mr W met a group of staff in the field, including Mr O\u2019Brien on 3 March 2023 to deliver a replacement tablet computer, but became &#8220;verbally very abusive&#8221; towards the workers.<\/p>\n<p>After considering the matter, he gave notice of resignation and declined to use the company grievance and bullying procedures when a representative of PrePayPower\u2019s human resources department suggested he do so.<\/p>\n<p>Mr O\u2019Brien said he had &#8220;lost all faith in the company&#8221; by then and was &#8220;leaving for the sake of his mental health&#8221;.<\/p>\n<p>He agreed under cross-examination that door-to-door sales of electricity and gas &#8220;in the middle of a period of record energy price increases\u2026 was always going to be difficult&#8221;.<\/p>\n<p>The company\u2019s representative, Mark Comerford of the Irish Business and Employers\u2019 Confederation (IBEC), said there was &#8220;no denying&#8221; Mr O\u2019Brien faced &#8220;unfortunate interactions&#8221; on the doors but that were all &#8220;handled properly&#8221; by the managers.<\/p>\n<p>Door-to-door sales for electricity and gas supply sales &#8220;post the Ukrainian [war] price hikes was not easy&#8221;, but the management &#8220;supported, as best as possible, the field sales staff in a difficult environment&#8221;.<\/p>\n<p>Mr Comerford submitted that Mr W &#8220;may have on occasion been somewhat abrupt, but not to such an extent as to justify a constructive dismissal&#8221;. He added that Mr O\u2019Brien\u2019s failure to use the internal grievance process &#8220;totally undermined&#8221; his case.<\/p>\n<p>Mr O\u2019C and a company HR officer gave evidence to the tribunal in the company\u2019s defence of the claim, but Mr W was &#8220;no longer available&#8221;, the WRC noted.<\/p>\n<p>Adjudicator Michael McEntee wrote in his decision that both parties recognised that pushing sales of pre-pay gas and electricity plans &#8220;against a background of record energy prices&#8221; was &#8220;not a job for the faint-hearted.<\/p>\n<p>He wrote that it was &#8220;not helpful&#8221; that the firm\u2019s sales reps were told at one stage they were &#8220;on their own&#8221; in the field and not to be &#8220;annoying&#8221; their bosses with calls.<\/p>\n<p>He noted that Mr O\u2019Brien was a &#8220;very experienced&#8221;, &#8220;mature&#8221; and &#8220;successful&#8221; salesman who was back in work &#8220;almost immediately&#8221; in another door-to-door sales job after quitting.<\/p>\n<p>He considered the claimant &#8220;an unlikely candidate to go out on sick leave on &#8216;stress grounds\u2019 unless it was a severe situation&#8221;.<\/p>\n<p>Mr O\u2019C&#8217;s evidence &#8220;reflected that of a sales manager under pressure to deliver&#8221;, Mr McEntee wrote, expressing his view that the manager was &#8220;likely to succumb to overly abrupt communication&#8221;.<\/p>\n<p>&#8220;A very seasoned representative such as the complainant was going to react negatively. The wide age and experience difference did not help,&#8221; he wrote.<\/p>\n<p>He concluded on the balance of probabilities that Mr O\u2019Brien &#8220;was subjected to unreasonable managerial behaviour&#8221; \u2013 but found these were not so bad that they justified immediate resignation.<\/p>\n<p>Mr McEntee upheld a second complaint by Mr O\u2019Brien under the Terms of Employment (Information) Act 1994, noting that there was &#8220;considerable confusion in the legal basis of the employment contract between first recruitment and actual on-the-ground operations&#8221;.<\/p>\n<p>He ordered PrePayPower to pay Mr O\u2019Brien \u20ac1,000 for the breach.<\/p>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>A field sales rep for PrePayPower, who said his bosses were &#8220;at best indifferent, and at worst hostile&#8221; when told them of escalating abuse from the public amid record energy price inflation, has failed in a claim for constructive dismissal. The Workplace Relations Commission has rejected a complaint under the Unfair Dismissals Act 1977 by [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":14159,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"ocean_post_layout":"","ocean_both_sidebars_style":"","ocean_both_sidebars_content_width":0,"ocean_both_sidebars_sidebars_width":0,"ocean_sidebar":"","ocean_second_sidebar":"","ocean_disable_margins":"enable","ocean_add_body_class":"","ocean_shortcode_before_top_bar":"","ocean_shortcode_after_top_bar":"","ocean_shortcode_before_header":"","ocean_shortcode_after_header":"","ocean_has_shortcode":"","ocean_shortcode_after_title":"","ocean_shortcode_before_footer_widgets":"","ocean_shortcode_after_footer_widgets":"","ocean_shortcode_before_footer_bottom":"","ocean_shortcode_after_footer_bottom":"","ocean_display_top_bar":"default","ocean_display_header":"default","ocean_header_style":"","ocean_center_header_left_menu":"","ocean_custom_header_template":"","ocean_custom_logo":0,"ocean_custom_retina_logo":0,"ocean_custom_logo_max_width":0,"ocean_custom_logo_tablet_max_width":0,"ocean_custom_logo_mobile_max_width":0,"ocean_custom_logo_max_height":0,"ocean_custom_logo_tablet_max_height":0,"ocean_custom_logo_mobile_max_height":0,"ocean_header_custom_menu":"","ocean_menu_typo_font_family":"","ocean_menu_typo_font_subset":"","ocean_menu_typo_font_size":0,"ocean_menu_typo_font_size_tablet":0,"ocean_menu_typo_font_size_mobile":0,"ocean_menu_typo_font_size_unit":"px","ocean_menu_typo_font_weight":"","ocean_menu_typo_font_weight_tablet":"","ocean_menu_typo_font_weight_mobile":"","ocean_menu_typo_transform":"","ocean_menu_typo_transform_tablet":"","ocean_menu_typo_transform_mobile":"","ocean_menu_typo_line_height":0,"ocean_menu_typo_line_height_tablet":0,"ocean_menu_typo_line_height_mobile":0,"ocean_menu_typo_line_height_unit":"","ocean_menu_typo_spacing":0,"ocean_menu_typo_spacing_tablet":0,"ocean_menu_typo_spacing_mobile":0,"ocean_menu_typo_spacing_unit":"","ocean_menu_link_color":"","ocean_menu_link_color_hover":"","ocean_menu_link_color_active":"","ocean_menu_link_background":"","ocean_menu_link_hover_background":"","ocean_menu_link_active_background":"","ocean_menu_social_links_bg":"","ocean_menu_social_hover_links_bg":"","ocean_menu_social_links_color":"","ocean_menu_social_hover_links_color":"","ocean_disable_title":"default","ocean_disable_heading":"default","ocean_post_title":"","ocean_post_subheading":"","ocean_post_title_style":"","ocean_post_title_background_color":"","ocean_post_title_background":0,"ocean_post_title_bg_image_position":"","ocean_post_title_bg_image_attachment":"","ocean_post_title_bg_image_repeat":"","ocean_post_title_bg_image_size":"","ocean_post_title_height":0,"ocean_post_title_bg_overlay":0.5,"ocean_post_title_bg_overlay_color":"","ocean_disable_breadcrumbs":"default","ocean_breadcrumbs_color":"","ocean_breadcrumbs_separator_color":"","ocean_breadcrumbs_links_color":"","ocean_breadcrumbs_links_hover_color":"","ocean_display_footer_widgets":"default","ocean_display_footer_bottom":"default","ocean_custom_footer_template":"","ocean_post_oembed":"","ocean_post_self_hosted_media":"","ocean_post_video_embed":"","ocean_link_format":"","ocean_link_format_target":"self","ocean_quote_format":"","ocean_quote_format_link":"post","ocean_gallery_link_images":"on","ocean_gallery_id":[],"footnotes":""},"categories":[19,20],"tags":[],"class_list":["post-14158","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","category-news","entry","has-media"],"_links":{"self":[{"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/posts\/14158","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/comments?post=14158"}],"version-history":[{"count":0,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/posts\/14158\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/media\/14159"}],"wp:attachment":[{"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/media?parent=14158"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/categories?post=14158"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sharewatch.com\/wp\/wp-json\/wp\/v2\/tags?post=14158"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}