The Labour Court upheld the adjudication officer’s decision that Iain Shanahan was not constructively dismissed by Go-Ahead Transport Services (Ireland) Ltd. Its determination was dated 27 June 2023.
Shanahan, a driver, said workplace incidents caused work-related stress and made continuing in the job untenable. He lodged a grievance but resigned before the employer had an opportunity to address it. The employer said he had not completed the grievance process and denied breaching his contract.
The Court found it was reasonable for the employer to wait until Shanahan was well before contacting him about the grievance, and found no evidence that it could not address his concerns. It said he had not substantially used the internal procedures before resigning. Shanahan had said he would have earned a €1,500 training bond if he had stayed until his second anniversary.
The Court said the appeal must fail and upheld the original decision.