Extraordinary Delay in Investigation Leads to €40,000 Constructive Dismissal Award

In this Case, a teacher who raised a number of complaints with her Employer including a child protection concern, an allegation of bullying and harassment and a grievance against the school Principal ultimately resigned and made a constructive dismissal claim.

As the Respondent’s procedures for handling each complaint failed to reach reasonable and timely conclusions, the Adjudicator found that the Employer’s response to the concerns raised was so deficient that the Complainant was justified in resigning her employment. The Adjudicator noted in particular a delay of nearly five years in connection with the bullying and harassment complaint which represented a clear violation of fair procedures on the part of the Employer.

This decision and the high level of compensation underline the importance of having robust grievance and disciplinary procedures in place and to ensure they are followed in a timely manner that complies with fair procedures.

To learn more about partnering with Adare Trusted People Partners’ Leading HR & Employment Law Experts, please contact Neil McCormack at nmccormack@adarehrm.ie today.