Employee v Employer [2014]

Posted In: Case Law
  • Case Reference
    IREAT UD415/2012
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
Issues covered: Unfair Dismissal Acts 1997 to 2007; Constructive Dismissal

The employee in this case resigned and claimed constructive dismissal due to procedural irregularities into a bullying allegation. That is a tough hurdle for any employee to get over but she succeeded and was awarded €14k compensation. The EAT was clearly not impressed by much of the respondent's evidence and went to the unusual step of setting out a list of things it was "most dis-satisfied with:

  • the absence of minutes of the various meetings;
  • the lack of original signed statements of other employees interviewed as part of the investigation;
  • failure to furnish a letter to the claimant that the formal approach to the investigation of bullying would take place;
  • notification to the claimant

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This article is correct at 24/01/2014

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