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Labour Court rejects Elizabeth Blake’s constructive dismissal appeal against Kaydee Cosmetics

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found Elizabeth Blake’s constructive dismissal complaint against Kaydee Cosmetics Limited was not well founded and did not allow her appeal. The determination was signed on 6 September 2018, upholding the Adjudication Officer’s decision.

Blake, a warehouse assistant, resigned after a dispute over an extra day of annual leave led to workplace meetings and disciplinary action. She said the company’s treatment had become oppressive and forced her to resign.

The Court found that the company’s conduct was procedurally imperfect but not oppressive and did not breach a fundamental term of her employment contract. It said the company reasonably refused the extra day’s leave and made efforts to address her grievances. It concluded her resignation did not amount to constructive dismissal.

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