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WRC awards childcare worker €6,689 for constructive dismissal

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Tanya Burke €6,689 after finding her constructive dismissal complaint against Ballymore Community Childcare Facility Company Limited by Guarantee well founded. The decision, dated 21 June 2023, found that the employer’s handling of workplace issues made her resignation reasonable.

Burke worked at the childcare facility from November 2016. She said unresolved workplace concerns, delays in handling her grievance and the loss of trust in her employer led her to resign. The employer said it had offered meetings and support, and that delays in the investigation reflected witness availability and the facility’s summer closure.

The adjudication officer found shortcomings in the employer’s handling of Burke’s grievance and workplace concerns. She also found that Burke contributed to the situation by not raising her concerns about the investigation delay before resigning. That procedural contribution was assessed at 40% and reflected in the compensation; the officer awarded 60% of the calculated maximum. Four complaints under working-time, wages and employment-information laws were withdrawn.

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