The Labour Court set aside a €20,000 constructive dismissal award to Denise Shaw Kelly after the Brothers Of Charity’s appeal succeeded. Kelly’s cross-appeal on compensation also failed.
The Court found Kelly had not shown that it was reasonable for her to resign or that she had no option but to leave. It said the employer arranged an external investigation, offered an appeal of its findings and repeatedly offered to facilitate her return to work while addressing her remaining concerns.
Kelly had claimed that unresolved concerns and the employer’s response before her return caused her to lose trust and confidence. The Labour Court determination was dated 6 June 2019.