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Failure to Investigate Complaint

A successful appeal to the Labour Court for a constructive dismissal claim resulted in the Adjudication Officer's decision being overturned and compensation of €10,000 being awarded to a former Training Co-Ordinator/Instructor who had been employed by the Rehab Group for 17 years before she resigned in 2018 due to the behaviour of a colleague. (Ref UDD2026)

Redundancy Cases

Despite current skills shortages and employment figures being close to full employment, redundancy related complaints still arise and two recent decision by the Labour Court and WRC, are an useful reminder for the need to apply correct and fair selection criteria and processes, when making employees redundant.

Constructive Dismissal

I am taking a look at another constructive dismissal claim this week which was unsuccessful to contrast with my last article on a successful constructive dismissal claim. This time an Adjudication Officer in Case number ADJ - 00002652 found the claimant was not justified in terminating her own employment and her complaint under Section 8 of the Unfair Dismissal Acts failed. The case demonstrates that employers who manage absences sensitively and in line with an appropriate and reasonable level of communication will not find themselves being on the wrong end of a constructive dismissal claim.

Constructive Dismissal

In a recent WRC decision (ADJ - 00002854) an Adjudication Officer held that an employee had been constructively dismissed despite the fact that she had not exhausted the use of internal grievance procedures which is normally a requirement for a successful constructive dismissal claim. An award of €15,528 was made.

Constructive Dismissal

As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves.

Successful Constructive Dismissal Claim

Eat determines that it was reasonable for claimant to terminate her employment as the circumstances in which she was expected to work left her with no alternative but to leave and awards €10,346.00 under the Unfair Dismissals Acts 1977 - 2007.

Constructive Dismissal

An employee was successful in her recent claim for unfair dismissal on grounds of constructive dismissal because her employer failed to deal with complaints of bullying she had raised against a colleague.

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