Award For Constructive Dismissal Where Employer Did Not Progress Grievance

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Award for Constructive Dismissal Where Employer Did Not Progress Grievance

posted 12 months ago

The Adjudicator noted that it was for the Complainant to establish the fact of dismissal.

He considered that the fundamental question in this case was whether or not there had been a repudiatory breach of the Complainant’s contract of employment amounting to the constructive dismissal of the Complainant.

In addressing the issues raised by the Complainant, the Adjudicator said as follows:

“I accept that there can be a valid explanation for most of these events and indeed the context in which the [sic] occurred may also be a factor. What is clear is the effect of the totality of these events had on the complainant. They reinforced his belief that the respondent was not engaging with him in a meaningful way. The respondent stated that they held the complainant in high regard, so this mixed messaging was not helpful. I note that the respondent submits that this could be ’an example of different people reacting differently to stressful situations which are outside of everybody’s control’. These incidents do not in themselves constitute a dismissal by the respondent.”

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