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 was the failure of the Respondent to immediately accede to the complainant's request. The Court held that this failure did not constitute unreasonable behaviour rendering the complainant with no alternative but to terminate his employment. As the complainant had not utilised all the procedures to address the issue of payment etc. post-incidents, his claim failed.
https://www.workplacerelations.ie/en/Cases/2016/July/UDD1616.html
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