Case News

Maximum Damages Awarded in Athlone Circuit Court

Maximum Damages Awarded in Constructive Dismissal case in Athlone Circuit Court.

Tormey Solicitors acted for the Plaintiff, an employee, in this constructive dismissal case which came before Athlone Circuit Court on appeal from the Employment Appeals Tribunal.

The Plaintiff claimed he was constructively dismissed by the Defendant, his employers, after they failed to deal with a number of issues that the Plaintiff had raised and brought to their attention including a number of Health & Safety issues and the Plaintiff’s arduous work schedule.

The Plaintiff had been successful in the Employment Appeals Tribunal however, the Defendant company appealed the decision of the Employment Appeals Tribunal to Athlone Circuit Court.

The Court found that the Plaintiff’s increase in work load had become intolerable. The Judge complemented the Plaintiff for being a competent employee and a hard worker. The Court found that the Plaintiff was justified in resigning and in claiming that he was constructively dismissed. The Court awarded the maximum award that it was permitted under the Unfair Dismissal Acts to the Plaintiff which was €51,000.00 i.e. 2 years gross salary and also awarded the Plaintiff’s legal costs of the appeal.