Labour Court upholds decision against Kieran Donagher in dismissal appeal

The Labour Court upheld the decision that Mr Kieran Donagher’s constructive unfair dismissal complaint against Winthrop Engineering And Contracting Ltd was not well founded. The Court issued its determination on 25 January 2021. Donagher said he resigned after the employer mishandled his complaints of bullying and harassment against his line manager. The employer said it investigated the complaints and offered an internal appeal and independent mediation. The Court noted that Donagher did not appeal the investigation findings, declined mediation and had not considered transferring to another site. It found he had not met the high burden of showing it was reasonable to resign and regard himself as constructively dismissed.