Our Job Is To Get You Compensation You Deserve

Constructive Dismissal

Constructive Dismissal

Have you been forced to resign from your Employment because of the conduct of your Employer? Has your Employer failed to deal with your reasonable grievances and complaints?

  • Were you bullied in the workplace?
  • Was the treatment you experienced at work so unreasonable that you couldn’t continue to work there?
  • Were your reasonable complaints ignored?
  • Did you have access to a fair impartial grievance procedure?
  • Did you a raise a grievance and your employer either ignored it or simply went through the motions dismissing it?
  • Did your employer change fundamental aspects of your employment without your agreement or consent?
  • Did your employer impose a pay-cut on you without your consent?
  • Were you forced to resign your position because of work conditions?
  • Were you forced to resign your position because of the conduct of your boss or others in the workplace?
  • Were you forced to resign your position because it became clear to you that your employer didn’t want you there any longer?

If the answer to any of the above is yes, then you could be entitled to redress for what is known as Constructive Dismissal.

And our Job is to help get you right that wrong.

If you resigned from your employment within the last six months because of the actions of your employer and had in excess of 12 months service, you have no time to lose!

We won’t let them get away with treating you so shoddily

Our Client SG resigned her position from one of the big banks because of what she viewed as the unreasonable treatment of her by her line manager. He had become increasingly unreasonable regarding his work demands and his assessment of her work. He subjected to undue scrutiny and unfair and unwarranted criticism at a time where the bank had been undertaking significant cuts to their resources and in which SG’s workload had increased exponentially. SG suffered from very severe stress and anxiety as a result and raised the matter on a number of occasions with those higher up the ladder but to no avail. She was repeatedly met with the refrain that she was lucky to have a job in such difficult times. Redundancies were planned and SG was in line for a significant payment if selected however she could not wait and decided to resign her position with immediate effect even though she had no other job to go to.

She came to us for advice.

What should you expect?

SG was extremely nervous about having to face her former employer. In fact, so much so that it was quite an achievement to even get her to the hearing of the case! She was brilliant though, giving evidence in what were for her extremely difficult circumstances. She simply told the truth, warts and all and ably guided by our barrister and with the assistance of our comprehensive written submissions she was awarded €35,000 in compensation.

I was devastated that my career had come to an end because of the actions of a small number of people in a large organization. The problem of course was that this was ignored at the tip and I was simply abandoned by my employer. I felt that no-one cared and then a friend referred me to employment matters. While the process was certainly daunting to have them with me every step of the way made it far easier to handle. Their professionalism and competence blew me (and my former employer) away. At times, they seemed to know more about my case than I did! Anyway, I’m so glad I did it and I was vindicated. The money was nice but the thought that I had won was worth more than anything.” SG, Carlow.

What if they Employ a Big Dublin Firm to Fight Me?

Most big companies do. And they, like you think that this firm will produce some silver bullet and make it all go away. But, that’s not the way the law works. The law works on facts and evidence and legal and oral submissions and just because a big Dublin firm says it’s so, doesn’t necessarily make it so. Once we get into a scrap, they don’t know any more about the law than we do and it is certainly unlikely that they will have any more experience than we do. And at the end of the day, regardless of resources or money, at the hearing of your case, there’s only one adjudicator who can make the decision and he will hear both sides and make a decision based on the oral and written submissions and there’s nothing a big form or a big company can do to influence these things. That’s not to say that an employer won’t lie to his representative and to the adjudicator and there’s very little anyone can do about that. But the person who comes and lies to the WRC or the Labour Court will very quickly find their stories unravelling in evidence and under the burden of cross examination. And we will be there with you throughout to make sure that happens.

We act in cases just like yours everyday of the week and we know our way around the WRC, the Labour Court and employment law. We will ensure that we put your very best case forward, ensuring that you are given the best chance of success.

Can I be responsible for their costs of defending the case?

In short No. The WRC and the Labour Court are not entitled to award costs against you if you are unsuccessful in your claim. Similarly though they cannot award you costs if you are successful so the legal costs of your claim must come out of your award.

So, if you have been the subjected of unfair treatment or a unilateral change to your contract of employment just give us a call to discuss your options.

Take Action Now:

To find out more about how you might be effected by discrimination in the workplace in particular if you have been less favourably treated at work because of your age please click here or contact us on 1890 88 90 90 or email info@employment-matters.ie.