Rooney v Maelstrom Ltd

• Jurisdiction: Ireland
• Judgment Date: 27 April 1999
• Judgment citation (vLex): [1999] 4 JIEC 2702
• Date: 27 April 1999
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

Rooney v Maelstrom Ltd

Abstract:

Constructive Dismissal - Onus of proof

The claimant was requested to go to the site manager's office to discuss roster changes but the claimant refused preferring them to have their discussion at the public front desk. Conflicting evidence followed as to what happened but a heated exchange developed .The claimant was suspended by the site manager while the claimant stated he would leave his employment if the site manager so wished. The respondent understood this to mean that the claimant was giving notice. The Tribunal determined that was a constructive dismissal matter and the claimant had failed to discharge the onus of proof. Case dismissed.

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