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Employee awarded €25,000 for Constructive Dismissal

In the recent case of A Solicitor v A Solicitor’s Firm the Claimant was awarded €25,000 for Constructive Dismissal.

The Respondent failed to deal with conflict and inappropriate behaviour from another employee towards the Claimant. The Claimant went on certified sick leave for four weeks as a result of the adverse treatment she had been receiving in the workplace and on her return found that the locks to the building had been changed and all her files had been removed from her office. The Claimant had not been paid while on sick leave despite other employees having been paid. The Claimant felt that she had been left with no alternative but to resign from her employment and the Respondent agreed to pay the Claimant sick, however, she never received this payment. The Claimant was not given her terms of employment nor did she receive a contract of employment.

The Adjudicator concluded that there is an implied term of mutual trust and confidence between an employer and employee and that this was breached by the Respondent in this case. The Adjudicator also noted that the Respondent failed to provide a compelling reason for failing to give the Claimant notice about changing the locks. The Claimant was ultimately awarded €25,000 in respect of her Constructive Dismissal, €2,649.16 in respect of the Respondents failure to provide the Claimant with written terms of employment and finally, the Adjudicator awarded €2,649.16 as she was satisfied that there was a company policy for paying sick leave despite there being no contract of employment.

Link: https://www.workplacerelations.ie/en/Cases/2019/April/ADJ-00011116.html

30th April 2019

Anne O’Connell Solicitors

Fitzwilliam Hall

Fitzwilliam Place

Dublin 2.

www.aocsolicitors.ie

Anne O’Connell Solicitors

Fitzwilliam Hall, Fitzwilliam Place, Dublin 2.

www.aocsolicitors.ie

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