Case Studies
Constructive Dismissal: Virtual Client Case
Below is a virtual case, similar to many Employment Law cases that we would undertake at Malcomson Law. This is not a real case and no real names are used in this article as we believe it would breach our client's confidentiality.
Background Information
Name: Gerard Orpen
Sex: Male
Age: 30
Marital Status: Single
Occupation: Accounts Executive
Mr Orpen's Story
Mr. Orpen had been employed as an accounts executive in an insurance firm. He was very competent at his work and had always enjoyed a good relationship with his colleagues and his superiors. Beginning in May of this year he noticed a dramatic change in his supervisor's attitude towards him. His supervisor began making comments about Mr. Orpen in front of other staff which our client felt were demeaning to him. His supervisor also began confronting him over minor issues, issues which clearly would not have been raised with any of his colleagues. As the treatment gradually worsened, Mr. Orpen made a complaint directly to the the HR manager. The supervisor in question denied any such treatment and the complaint was dealt with in a rather dismissive fashion. Afterwards, Mr. Orpen felt the attitude of a number of supervisors worsened towards him until he felt as though everyday he had to face what amounted to bullying by his superiors. Shortly thereafter Mr. Orpen decided that the situation had become untenable and resigned his position.
Mr Orpen attempted to find alternative employment for a number of months; however he was reluctant to discuss his reasons for leaving his previous post and did not wish that company for a reference. This made it difficult for Mr. Orpen to obtain work, and his financial position gradually worsened. He learned from an ex colleague that he had quickly been replaced in the company by an old school friend of his supervisor. He felt aggrieved at being ousted from his post to clearly make way for someone his supervisor wished to hire, but he felt there was no recourse for him due to the fact he was not fired and left of what appeared to be his own accord. With no prospect of steady employment and a financial crisis brewing Mr. Orpen submitted a free online query to Malcomson Law and was contacted by one of our solicitors who discussed the situation with him and advised him of possible solutions. Malcomson Law then initiated proceedings and represented Mr. Orpen in front of the rights commissioner, securing him compensation to cover his wages for the entire period between his leeaving his post and finding a new post. He was also able to show prospective employers that he was in fact an excellent employee and had left his previous employment due to the maliciousness of a superior.
Constructive Dismissal
Constructive dismissal arises where, due to the conduct of your employer or other employees of the company whose behaviour you have brought to the attention of management, you terminate your contract of employment. Your employer's conduct must have been such that it would have been reasonable for you to terminate your contract without giving notice.
Legal Advice
If you claim constructive dismissal under the unfair dismissals legislation (Unfair Dismissals Acts 1977-2001) the onus will be on you to prove that your resignation was justified, unlike an unfair dismissal situation where the onus is on the employer to prove it was fair.
If it is found that you were constructively dismissed it is possible to place you back in your previous position, however due to the difficult relationship that would now exist it is more common for compensation to be paid to cover wages for the period between leaving your old job and finding a new one. It is essenital that you look for new work as soon as possible so that you are seen to be mitigating your losses.
There are numeorus criteria that must be filled before you are eligble to be deemed to be constructively dismissed and you should always take legal advice prior to resigning your post or taking any other such action.
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Employment Law Advice
If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.
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