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Medical clinic receptionist’s constructive dismissal complaint fails

By Gráinne Nolan

Workplace Relations Commission ·

The WRC found a medical clinic receptionist’s constructive unfair dismissal complaint not well founded, after finding the disciplinary process was unrelated to her pregnancy. The decision was dated 2 March 2017. The worker said the clinic’s disciplinary process began after she announced her pregnancy and left her no choice but to resign. The clinic said it was responding to performance concerns. The WRC accepted that those concerns and a verbal warning predated the clinic’s knowledge of the pregnancy. It found she resigned while an investigation was ongoing and had not shown that the clinic’s conduct made her resignation reasonable. A separate unfair dismissal complaint was outside the WRC’s jurisdiction because it named the wrong legal employer; the merits were not decided. One equality complaint was deemed withdrawn under the statutory procedure, and six others were withdrawn at the hearing.

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