Labour Court rejects DHL worker’s constructive dismissal appeal

The Labour Court found Alan Mcandrew’s constructive unfair dismissal complaint was not made out and his appeal failed. The Court varied the adjudication officer’s decision; its determination was dated 14 November 2023. McAndrew resigned from his HGV driver job after DHL declined his request for a two-year career break. The Court said he resigned shortly after the refusal without first using the company’s grievance process, which he had used before, or giving DHL a chance to address his concerns. It also noted that he did not engage after DHL invited him to do so following his resignation. McAndrew had not attended the first-instance hearing, which led the adjudication officer to find the complaint not well-founded. He told the Labour Court that his absence followed a miscommunication after a change in legal representation. The appeal itself was heard by the Court, which considered the dismissal claim on its merits.