The Workplace Relations Commission dismissed a maintenance electrician’s constructive dismissal claim against a hospital, finding that the employer’s handling of a delayed bullying investigation and its return-to-work efforts did not justify his resignation. Adjudication Officer Michael McEntee dated the decision 3 May 2018.
The electrician said he felt unable to return while workplace issues remained unresolved. The hospital said it had kept in contact during his absence and offered support, including possible relocation to address concerns about contact with a colleague.
The WRC found the investigation delay regrettable, but not a fundamental breach of the employment contract or unreasonable conduct justifying resignation. It also found that the electrician had not fully engaged with the hospital’s return-to-work efforts and treated his resignation as a considered decision. His claim was not well founded and was dismissed.