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Doctor’s constructive dismissal claim against cosmetic clinic rejected

By Fionn Kelly

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Workplace Relations Commission rejected Dr Ashlinn Cummins’s constructive dismissal complaint against The James Aesthetic Clinic Limited. Adjudication officer Michael MacNamee found that Cummins had made numerous complaints and that promises to address them were not kept, leading her to resign. But because she had not used the company’s grievance process or established good grounds for not doing so, her claim could not succeed; he found she was not unfairly dismissed.

Cummins had alleged bullying, hygiene problems and patient safety concerns during her employment as a facial aesthetics doctor from July 2023 to November 2024. The employer disputed her account, with its lawyer arguing that evidence supporting the hygiene and safety allegations was flimsy. The WRC’s decision turned on her failure to use the grievance process, rather than a finding that her complaints had not been made.

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