The Workplace Relations Commission awarded €17,500 to a care worker after finding that a residential care facility’s conduct justified her resignation. The decision was dated 15 September 2017.
The worker said she had worked as a care assistant at the facility since 1999. She claimed that workplace conflicts and her employer’s handling of an allegation led her to resign. The facility argued that she resigned voluntarily and had not exhausted its appeal or grievance procedures.
The WRC found that the facility suspended her without first giving her an opportunity to answer the allegation. It also found that the facility did not explore mediation or informal resolution and appointed an investigator who had not been agreed between the parties, contrary to its own policy. The adjudicator concluded that the facility’s conduct destroyed mutual trust and confidence and made her resignation justified.
The WRC upheld the constructive dismissal complaint and required the facility to pay €17,500 compensation within 42 days of the decision.