so in this video i want to discuss a case that i read about there a few days ago it's an
employment law case it's to do with constructive dismissal but more importantly it's to do with
filling out the wrc complaint form the online complaint form in this particular case the
individual had left the job had resigned from the employment and it was his intention to bring
a claim for constructive dismissal against his former employer however when he's filling out
the online complaint form on the wrc website which is what you're supposed to do you tick the box for
minimum notice and terms of employment in other words he ticked the wrong box he didn't take the
box for unfair dismissal however in the body of his complaint he did make it clear that he
felt it was a case of constructive dismissal and that was the case that he wanted to bring
however the employer made the argument in or by way of a preliminary objection
to the hearing of the case at all on the basis that the adjudicator the adjudication officer did
not have the jurisdiction to hear the case because the case was or should have been won for minimum
notice and they were being asked to defend the case of constructive dismissal so essentially the
argument from the employer's representative which was ibec was that the case should be struck out
jurisdiction wasn't with the wrc to hear it the gentleman in question the employee had filled out
the form incorrectly ticked the wrong box and they also made the point that he would have received a
number of letters from the wrc confirming receipt of his application and communicating to him
when the hearing was and so on all of the letters he would have received however from the wrc
would have made it quite clear that the claim that he brought was under the minimum notice act
and not under the unfairly sensitive site that was a preliminary objection and it was critical
a critical decision to be decided or determined by the adjudicator
the adjudication officer to make a long story short decided that he could hear the case
it could go ahead because he made the point that there was labor court decisions and eat decisions
to the effect that the farm itself the wrc form is not a statutory form
and even though the wrong box was ticked the critical and important thing was in the body
of the complaint the employee had made clear he wished to bring a case for constructive dismissal
the adjudication officer then held that on that basis the employer knew the case that he had to
meet and that was critical he wasn't being taken by surprise he wasn't being ambushed
he knew the case he had to meet notwithstanding the fact that the employee take the wrong box
not only did the employer know the case they had to meet but they had actually prepared
for that case for the constructive dismissal case so in the first instance the employee won
that round as it were in so far as the wrc adjudicator decided he could hear the case
however when he went ahead to hear it he found against the employee and found that the employee
was not constructively dismissed and the employee had made a fatal mistake a number of fatal
mistakes in relation to constructive dismissal or bringing a claim for constructive dismissal the
first one was that in his resignation letter he actually thanked the employer and wished him well
in relation to his employment and wish them well for the future that as the adjudicator said is not
indicative of a man who is leaving his job because of the unreasonable conduct of the employer
and because of a towering sense of grievance that's clearly not the case so you know in order
to bring a claim for constructive dismissal you must be in a position where essentially
the employer has repudiated the contract and you as an employee have felt that you have no choice
but to leave the job because you have been treated so badly the conduct of the employer
has been completely unreasonable and he or she has essentially repudiated the contract that
is clearly not the case in a situation where you write a resignation letter thanking the employer
for your experience and wishing them well in the future the second fatal hurdle that he failed to
get over was in a constructive dismissal case 95 of the time you need to show that you have
exhausted the internal grievance procedure in the workplace in order to raise or ventilate
whatever issue you have this the employee had not done in this situation so on those two tests
on those two hurdles the employee came cropper and lost his case it's an interesting
case though because a lot of employees in my experience do fill out the online complaint
form incorrectly and can quite frankly make a rocks of it but it may or may not be fatal and
it probably won't be fatal if in the body of the complaint the employee makes it clear what case
they're trying to bring therefore the employer will be on notice of what the complaint is
secondly if you are leaving your job and you intend bringing a claim for constructive
dismissal you need to exhaust the internal grievance procedure in the first instance
and you certainly don't write a letter to the employer thanking them for the good time you
had the experience and wishing them well in the future because that is not indicative
of a relationship that you have just terminated because of the egregious unreasonable behavior
of the employer hope you find this video useful if you do i would appreciate
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