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Ability West constructive dismissal complaint by Shannon Avril Holland found not well founded

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Shannon Avril Holland’s constructive dismissal complaint against Ability West not well founded. The decision, dated 8 January 2024, concerned her claim that she had to resign because of her treatment at work.

Holland said her line manager sent sexually suggestive messages and touched her without consent, making the workplace intolerable. Ability West said it investigated her complaint, placed the manager on administrative leave and later dismissed him. The related discrimination, sexual harassment and victimisation complaints were dealt with separately.

The adjudication officer accepted that the investigation addressed Holland’s complaint, but found she had not raised later concerns or exhausted workplace options before resigning. The officer concluded she had not proved a breach of contract or unreasonable conduct that justified her resignation. Holland also said she had spent €2,660 on private therapy; this decision found the complaint not well founded.

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