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Reinstatement Ordered Where Employer Refused Employee’s Request to Withdraw her Resignation

posted 9 months ago

The case of A Social Care Worker v Social Services Charity came before WRC Adjudicator, Brian Dalton, in January 2023 under the Unfair Dismissals Acts. Based on the facts, regardless of the Complainant’s resignation, the Adjudicator held that this case was about a dismissal simpliciter rather than a constructive dismissal. He decided that reinstatement was the only fair remedy for the Complainant, even though she clarified in evidence that she would prefer compensation.

The Complainant in this case lodged a claim in June 2022 against her former employer due to its refusal to allow her rescind her resignation approximately ten days after it was first sent.  The Complainant claimed that her employer’s conduct amounted to an unfair dismissal. By way of remedy the Complainant had requested re-engagement, reinstatement or compensation.


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