CPL Health Care v Keith Blundell [2016]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Pay
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 9(1), Unfair Dismissal Acts, 1977 to 2015; Constructive Dismissal; Health & Safety

This case concerned a claim of constructive dismissal based on reasons of safety, intimidation and a refusal to implement the rights of an employee. The complainant worked in a challenging environment involving children who posed a serious risk to themselves. He had advised his manager, following an incident, that he would not work any further shifts until he received written confirmation that if he was seriously assaulted his medical expenses would be covered and he would receive access to an assault scheme.

A senior manager allegedly responded to this request by saying 'thank Keith for his service'. He subsequently did not return to work. The Court found that the reason to cease working

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This article is correct at 25/08/2016

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