The Adjudication Officer in this case considered whether a delay in investigatory procedures will constitute a claim of constructive dismissal. The Complainant, a social care worker, tendered her resignation following an investigation process under the Respondent’s Trust in Care policy into an incident that occurred in February 2016.  A preliminary investigation commenced in May 2016, with tentative findings made in October 2016.

There was further delay between the end of the preliminary process and the appointment of the formal investigator (February 2017).  The Complainant, who was suspended on basic pay was denied the expeditious completion of the investigation and her return to work.

The Complainant had voiced her concerns regarding the delay in the investigation process.  Her queries to the tentative finding made by the HR Director were not answered.  The Respondent had argued that the Complainant’s failure to exhaust internal grievance procedures was fatal to the claim of constructive dismissal.

However, the Adjudication Officer held that it was unreasonable to require her to go through a grievance process combined with the ongoing Trust in Care investigation procedure.

The Adjudication Officer found that the delay and actions of the Respondent amounted to a repudiation of the Complainant’s contract of employment.  There was the very substantial delay in completing the preliminary screening process, a process which then went beyond its terms, leading to a tentative finding against the complainant.  The Complainant challenged the tentative finding made against her and this was not adequately replied to.

The extended exclusion of the Complainant from the workplace was held to amount to constructive dismissal. Accordingly, the Complainant was awarded €9,000 in compensation. The amount of redress awarded was based on the fact that the Complainant now earns €8,000 less in her new employment.
https://www.workplacerelations.ie/en/Cases/2019/March/ADJ-00011215.html