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ARTICLE · 11 APRIL 2013

Employer Successfully Defends Constructive Dismissal Claim

Matheson
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The Employment Appeals Tribunal has ruled in favour of an employer in a highly-publicised case in which a former employee who resigned from her position, took a claim of constructive dismissal against the company.

IrelandEmployment and HR
Bryan Dunne
Bryan Dunne
Brian Buggy
Brian Buggy
John Dunne
John Dunne
Paul Glenfield
Paul Glenfield
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The Employment Appeals Tribunal has ruled in favour of an employer in a highly-publicised case in which a former employee who resigned from her position, took a claim of constructive dismissal against the company.

In the recent determination of Barry v Quinn Insurance Limited UD1775/2010, the Tribunal found that the former employee did not act reasonably in resigning as she did not appeal the outcome of an investigation of a bullying and harassment complaint brought by her.

Claimant reassigned

The claimant alleged that within weeks of commencing her employment as a claims co-ordinator in March 2008, she encountered difficulties with one of her team members who was employed as a regional claims controller.  The claimant outlined that the team member acted in a harsh and ignorant manner towards her, which left her feeling isolated and led to panic attacks. When the claimant reported the matter to Human Resources (HR), she felt they did not treat her complaint

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