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Employee Loses Appeal

April 28, 2016 | biocare

An employee lost her appeal against her employer for constructive dismissal despite findings her manager had made inappropriate comments to her in the workplace.

The employee concerned made a formal complaint against her manager following discussions between them regarding the whereabouts of discount vouchers in the store where she worked.

Following this interaction the employee went out on sick leave citing “work related stress” as the reason for her absence. The employee subsequently resigned from her employment position in writing while on sick leave. During this time her employer had written to the employee requesting her to reconsider her decision to resign as an investigation was being carried out in relation to her complaints.

Following detailed submissions by her employer regarding the nature and extent of their investigation into her complaints and their desire for her to return to work the Labour Court upheld a previous decision of a rights commissioner which determined the employee was not constructively dismissed.

(Ref: The Labour Court, Woodies DIY -v- Olive White Apr 2016)