Adjudicator Includes “Lump Sum” From Pension in Constructive Dismissal Compensation Award

Karen McHale v Mayo University Hospital (ADJ-00053715) involved a constructive dismissal complaint under the Unfair Dismissals Acts 1977 – 2015. The Complainant claimed that she was left with no option but to resign from her employment due to the Respondent’s treatment of her when a complaint was made against her under the Respondent’s grievance procedure. Her complaint was upheld and she was awarded compensation, including a lump sum in respect of her pension.

Facts: A complaint was made against the Complainant by one of her colleagues following their return from leave. The Complainant’s line manager required the Complainant to carry out the return-to-work meeting with that employee. During that meeting, the employee mentioned to the Complainant that he had made a complaint about her, of which he assumed she was aware. The Complainant had not received a copy of the complaint and was not aware that a complaint had been made against her. She asked the Respondent to provide her with a copy of the complaint, but they did not, and she was directed to attend mediation in an attempt to resolve the complaint. When she attended the mediation, the mediator was surprised that the Complainant had not been given details of the complaint or provided with a copy of it. Further issues arose in respect of reporting lines, and the Complainant submitted that she was bypassed in the reporting structure. She went on certified sick leave, still without having been provided with a copy of the complaint. The Complainant was offered alternative positions that were not suitable, and she felt that she was bullied into accepting one of those positions.

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