The Labour Court overturned a decision against Lareina Kirwan and awarded her €13,346 after finding that Oaklodge Fostering Ltd constructively dismissed her. The determination was dated 30 September 2021.
Kirwan worked as a placement support worker for Oaklodge. She resigned in November 2018 after her hours and pay were cut by half and she was assigned office work. Oaklodge argued that she had resigned and had not been dismissed.
The Court found the salary cut was an unjustified breach of her contract. It also found that Oaklodge’s investigation was fundamentally flawed: its director was involved throughout, Kirwan was not given copies of the complaints and she had no right of appeal. The Court upheld her appeal, overturned the Adjudication Officer’s decision and awarded compensation, taking account of her efforts to reduce her losses.