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Cheshire Ireland ordered to pay care assistant €6,500 for constructive dismissal

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Cheshire Ireland unfairly dismissed care assistant Eileen Power by constructive dismissal and awarded her €6,500 compensation for loss of earnings. The decision was dated 17 August 2023.

Power said she felt she had no option but to resign after workplace grievances and counter-grievances caused her stress. Cheshire Ireland said it had to investigate alleged wrongdoing and that Power had not provided information needed for that process.

The adjudication officer found that grievances made against Power in September 2021 were not brought to her until about a year later, after she had submitted grievances of her own. The delay was unacceptable and undermined a fair and open process, the officer found. Given the stress in those circumstances, Power had no option but to resign. Constructive dismissal is when an employee resigns because the employer’s conduct makes it reasonable to leave.

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