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WRC rejects Andrew Gibson’s constructive dismissal claim

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission dismissed Andrew Gibson’s constructive dismissal complaint against Ulster Tyres Co Ltd, finding it not well founded. The decision, dated 22 March 2023, recognised serious flaws in the company’s investigation and disciplinary process, but said Gibson had contributed significantly to his own difficulties and had not engaged with later offers to air his grievances.

Gibson said the company’s treatment left him no choice but to resign. He had worked as a tyre fitter, with his final day at work on 21 October 2020; he resigned through his solicitor in May 2022. The WRC considered his expectation that a disciplinary meeting could lead to dismissal not unreasonable, and described the company’s sanctions as disproportionate and unjustified. It also cited his conduct, including breaches involving COVID rules, cigarette butts and mobile-phone use. The adjudicator said he had repeatedly dismissed offers to raise a grievance, including offers made in November 2021 and April 2022.

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