Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / Employee v Employer [2014]
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Employee v Employer [2014]

Posted In: Case Law
  • Case Reference
    IREAT UD415/2012
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal
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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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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