Constructive dismissal case won

20/09/2024
In this case there were several different complaints made. This is quite common in WRC cases. A person may win all, some, or none of their complaints.

 
One of this person's complaints included 'constructive dismissal'. Which are difficult to win, especially if you have not used the grievance procedure prior to resigning.

In this case, she did win.

The Adjudicator was prepared to overlook that the grievance procedure was not used. Based on certain circumstances. That her manager was subject of her complaints. That there was some doubt about awareness of a company handbook.

Adjudicators have some discretion what they overlook or allow. Every case is different.

The Respondent/employer, can of course if they wish appeal to the Labour Court.

The full case can be read here