Woman loses constructive dimissal case against Kildare education centre 

A WOMAN has lost her claim against constructive dismissal from the Kildare Education Support Centre (KESC) on Friary Road in Kildare town.

Though the case was heard at the Workplace Relations Commission (WRC) on two dates last year, it was only ruled on this month by adjudication officer Marie Mulcahy.

The complainant was Susan Coates who worked at the KESC as a part-time accounts administrator, and had alleged she had been constructively dismissed on 11 October, 2023 contrary to the Unfair Dismissals Act.

Ms Coates had worked there since May 2021, working two days a week on a flexible basis for €15,714 per annum.

She alleged when she began the job there was “little or no handover resulting in a huge amount of work”, was criticized “needlessly” for work not done by colleagues.

Ms Coates had itemised her grievances to her employer who “failed to provide an impartial avenue for a resolution within a reasonable time frame”.

After her appointment she said she met with her predecessor "who was unable to provide her with answers and was evasive”.

She then found an auditor’s report from 2020 which raised questions about the accounts, and it took her six months to clean up these accounts.

Ms Coates sought a resolution to her difficulties, and though the KESC did engage an impartial HR firm, it took the six months to do so.

However, the director of KESC communicated with Ms Coates within five days of receiving the 28-page complaint, but that the delay was because Ms Coates said she would only engage with the HR firm on her two days of the week, and none other. In her conclusion Ms Mahony ruled that the three instances Ms Coates was contacted out of hours was “not unreasonable behaviour”.

With regard to the handover of the roles in 2021 Ms Mahony felt that while it may have been “inadequate … I do not accept it was designed to deceive her”.

“Her complaints about the workload appear justified, (however) she declined offers of assistance”.

Ms Mahony found with the respondent – KESC – on each of the other nine items in Ms Coate’s submission to the WRC, and that she resigned whilst still in the middle of a grievance procedure.

“I decide that this complaint is not well-founded,” she concluded.