This case involved a claim of unfair constructive dismissal by the complainant. The complainant had worked as a security guard for the respondent company. One night, an incident had occurred while he was working, namely a power cut resulting in the alarm going off. Accordingly, the complainant followed the procedures that he understood should be followed, and after his shift ended he went home. He alleged that five days later he was informed by text that he was being removed immediately from the site in question. When he subsequently contacted the operations manager he was informed that he was being removed from the site for not following protocol. Following this conversation the complainant considered himself constructively dismissed.
In Court the operations manager gave evidence that the alarm activation had not been recorded in the incident report book as required. The Respondent also claimed that the complainant had not been dismissed and that his job is still available. Based on the facts, the Court held that the respondent had not acted in such a way as to entitle the complainant to terminate his employment without first seeking to resolve the grievance through the internal procedures available. Therefore, the Court found that the respondent's conduct was not unreasonable and did not amount to constructive dismissal.
http://www.workplacerelations.ie/en/Cases/2017/October/UDD1744.html
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