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WRC finds protected disclosure made but dismisses worker’s claim

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The WRC dismissed a worker’s constructive dismissal complaint against a removals and storage company, though the adjudication officer found that the worker had made a protected disclosure. The decision was dated 7 December 2017.

The worker said she resigned after raising concerns about company vehicles being driven by unaccompanied learner drivers. The company denied that the practice was regular and said the worker had initially given personal reasons for leaving. The officer found that the evidence did not show that the company had dismissed or penalised her.

The officer also found no fundamental breach of the employment contract. The decision said the worker had been absent for three weeks, had not pursued the concerns through a third party or other means, and then resigned. The officer concluded that the protected disclosure did not itself provide a basis for the constructive dismissal claim. The complaint was not well founded and was dismissed.

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