Hospital Awarded €58,000 to Employee in Constructive Dismissal Case

A clerical worker at a hospital has been awarded €58,681.60 after a Workplace Relations Commission (WRC) adjudicator found she was constructively dismissed due to a flawed grievance process at her workplace.

The worker brought a complaint against Mayo University Hospital, arguing that she was treated unfairly and subjected to “toxic management behaviour.” She was ordered to attend mediation with a colleague who had filed a grievance against her, but was never given a copy of that complaint before the session.

According to her legal team, management appeared to favour the colleague who raised the grievance, leaving the employee isolated and unable to perform her duties as she believed appropriate. She was also reportedly confronted about the complaint in a meeting before she had been informed of its contents.

During mediation, the chair expressed surprise that the employee didn’t know what she was being accused of. Even after promising to provide her with a copy of the complaint, hospital management did not do so. As changes were made to reporting lines, which reportedly disadvantaged her further, the situation became strained.

The adjudicator concluded that the hospital’s grievance procedures were “fundamentally flawed” and that the employee had no reasonable option but to resign. The compensation included a substantial amount reflecting lost pension benefits from her 23 years of service.

Key Lessons for Employers

This case is a stark reminder for employers of the critical importance of fair, transparent and procedurally sound grievance handling. Employees must be fully informed of any complaints made against them and given a genuine opportunity to respond before mediation or disciplinary-related processes commence. Failure to disclose complaints, perceived bias in favour of one party, and unilateral changes to reporting lines can fundamentally undermine trust and render a grievance process unsafe. Employers must ensure that grievance procedures are applied consistently, impartially and in line with natural justice, as serious procedural flaws can expose organisations to constructive dismissal findings and significant financial liability, particularly where long service and pension loss are involved.

How The HR Company Can Help

Employers should also adhere strictly to established procedures…and that’s where The HR Company comes in. Our team ensures every step of your process is handled with precision and professionalism. With expert HR guidance, we help you avoid costly procedural errors and remain up-to-date with ever changing legislation. Partnering with The HR Company means having experienced professionals by your side to protect your business and keep you compliant from start to finish.