The Workplace Relations Commission found that William Gillman was not constructively dismissed by Iarnród ÉIreann, rejecting his complaint under the Unfair Dismissals Act. The decision was dated 10 March 2023.
Gillman argued that the rail operator failed to put arrangements in place to restore his competence and certification for safety critical duties after a disciplinary appeal, limiting his career prospects. The adjudicator criticised the company’s handling of that process but found Gillman had not used the grievance procedure and was not forced to resign. Constructive dismissal is when an employee resigns because the employer’s conduct leaves them no reasonable choice.