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WRC awards cleaner €12,500 after finding she was constructively dismissed

By Rory Hanlon

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded a cleaner €12,500 after finding she was constructively dismissed by a shopping centre. The decision, dated 24 January 2023, found that the employer acted unreasonably in its dealings with her.

The cleaner said the shopping centre failed to investigate her workplace complaints properly, offered her a different work location while leaving a colleague in place, and did not address later grievances. The shopping centre said it investigated her concerns, offered her another location and tried to manage her return to work.

The adjudication officer found that the initial investigation had not interviewed a key witness and that later grievances were not properly investigated. The shopping centre also broke a commitment to keep the two workers on different shifts after the cleaner returned to work. The officer concluded that the employer’s actions made her resignation reasonable and that trust had broken down.

The officer found that the cleaner had made no contribution to her dismissal, but had made no effort to reduce her financial loss. The WRC awarded €12,500 in compensation.

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