The Complainant brought an appeal to the labour Court of the decision of the Adjudication Officer who found against her claim of Constructive Dismissal under the Unfair Dismissals Acts. The Complainant was employed by the Respondent as a Training Co-Ordinator/Instructor and commenced the role in September 2001. The Complainant contended that she worked in a toxic and dysfunctional atmosphere due to the behaviour of a colleague.

The Complainant stated that her colleague, Ms. X, had a history of bullying and abusive behaviour towards colleagues and that from late 2017 she focused her attention on the Complainant. As a result of an incident which took place between the Complainant and the colleague, the Complainant informed the court that she was required to take sick leave due to work related stress. It is the Complainant’s contention that because her complaint was never addressed, she had no option but to resign by letter to the Respondent.

The Respondent failed to address the behaviour reported by the Complainant on numerous occasions and failed to follow its own Dignity at Work Procedure in which managers and supervisors have an obligation to deal promptly and effectively with complaints of bullying and harassment.

The Respondent argued that the Complainant had indicated that she did not wish to make a formal complaint and that it was not until a meeting on in March 2018 that the Complainant clarified that she wished her complaint to be investigated formally. The Respondent had then begun the process of appointing an investigator, or investigators, when the resignation of the Complainant was received.

In their deliberations, the Court noted that, "It is axiomatic that the Court would expect an employer to operate its own procedures for dealing with complaints. In the instant case, the Respondent has a first class procedure for dealing with complaints of bullying. The concern of the Court was that it was not operated."

The Court was of the view that it was clear that the behaviour of the Respondent in not dealing with a complaint by the Complainant was unreasonable behaviour such that it was reasonable for the Complainant to resign from her employment. The Court determined that this was a case of constructive dismissal and therefore overturned the decision of the Adjudicating Officer. The Respondent was ordered to pay compensation in the amount of €10,000 to the Complainant, including an amount for future lost earnings.  
https://www.workplacerelations.ie/en/cases/2020/september/udd2026.html