The Labour Court has upheld a decision rejecting Caroline Clifford’s constructive unfair dismissal claim against Allenfield Care Homes Limited. The determination, dated 8 February 2023, concerned Clifford’s appeal over her resignation from Ashborough Lodge Residential Nursing Home in Milltown, Co Kerry.
Clifford said she was penalised after reporting a care incident she believed involved elder abuse. She argued that the employer escalated a Garda vetting requirement and suspended her after the report. The employer said the suspension arose because her vetting remained incomplete, an issue it said predated her complaint.
The Court found no evidence linking her report or the investigation to her resignation. It also found that she had not raised her concerns through the workplace grievance procedure before resigning, which deprived the employer of an opportunity to address them. The Court determined that the constructive dismissal claim had not been made out, so the appeal failed and the original decision was upheld.