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Constructive Dismissal Finding, but What More Could the Employer Have Done?

posted 2 years ago

The Complainant in Frank O’Dwyer v Tesco Ireland ADJ-00034404 brought a constructive dismissal complaint against his former employer, Tesco Ireland, alleging that he was left with no alternative but to terminate his employment because of bullying on the part of the Store Manager.

Facts: The Complainant commenced employment with the Respondent on 17th September 2007. He worked as a Team leader and was paid an average of €467 per week. The Complainant gave evidence that issues developed in his relationship with the Store Manager after the Store Manager directed him to manipulate the Respondent’s club card system by putting points that the Store Manager had earned onto a blank club card. The Complainant was subsequently disciplined for suggesting to other customers that they do the same. The sanction was overturned on appeal. The Complainant claimed that the Store Manager then embarked on a campaign of revenge against him as a result of the incident having reflected badly on him.

 

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