The Complainant submitted her claim under the Unfair Dismissals Act to the WRC on the 31st of July 2017. The Complainant commenced employment with the Respondent as a Bookkeeper/Accountants’ Assistant in September 2006. She presented her resignation on the 27th of July 2017.

In March 2016, an issue arose with the Office Manager when she was refused to carry out a duty which was not part of her role. The Office Manager then proceeded to make a complaint to one of the Directors. Following this, the Director planned a meeting between both parties. However, when this did not occur the Complainant made a formal complaint to the Respondent about the Office Manager’s behaviour. Subsequently, the Director sent the Complainant a letter listing a range of problems that he had with her and her performance.

This culminated in a number of meetings where her work was criticised, and the Complainant alleged that the Director shouted at her that she was making errors. The Director told her that she did not have the right attitude for the accountancy area and that it would be unfair of the Respondent to push her into that career direction and she should concentrate on administrative work. The Complainant then made a formal complaint of bullying and harassment against the Director in October 2016.

Thereafter, an Investigator’s Report was issued which did not find in favour of the Complainant’s allegation of bullying and harassment, although it did find fault with the Respondent’s approach to engagement with the Complainant’s work methods and made a number of recommendations.  In her resignation letter, the Complainant outlined the reasons for her decision and informed the Respondent that she would be taking a constructive dismissal case.

The Respondent argued that the Complainant had failed to exhaust all avenues available to her prior to her resignation and therefore her claim of constructive dismissal must fail. For example, the Complainant made no attempt to participate in the recommended mediation with the Respondent, nor did she make any attempt to engage with the Respondent after the findings of the investigation were issued. She made no attempt to submit a grievance and made no attempt to appeal the decision of the investigator, all of which were available to her under the Respondent’s Grievance Procedure and/or its Bullying & Harassment Policy, as defined in the Employee Handbook.

The Court considered the written and oral submissions of both parties and the evidence tendered by the Complainant. In its findings, the Court failed to see how the Complainant’s assertions met the standard of reasonableness required to substantiate a claim of constructive dismissal. The Court was not satisfied that there were factors present which might excuse the Complainant’s failure to either avail of an appeal, to raise a grievance, to opt for mediation or to seek implementation of the Investigator’s recommendations.

The Court found no evidence to indicate that she made reasonable efforts to address her grievances before resigning. Accordingly, the Court determined that the Complainant was not constructively dismissed from her employment and therefore the appeal failed.
https://www.workplacerelations.ie/en/Cases/2019/February/UDD1910.html