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WRC rejects Philip Smith’s constructive dismissal complaint against airport employer

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Philip Smith was not unfairly dismissed after he resigned from Dublin Airport Authority Services Limited (DASL) Daa. His constructive dismissal complaint was not well founded. The decision was dated 16 August 2022.

The case followed an incident in which a photograph of Smith was placed on a work training computer. He said colleagues made comments about it and that the employer did not adequately address the incident or subsequent alleged bullying. He sought a transfer.

The adjudicator considered the employer’s response to the photograph issue reasonable. Smith knew about the grievance procedure but did not use it or show that it was unfair. The adjudicator concluded he had not shown that a dismissal occurred.

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