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An assistant at Aer Lingus’s Gold Circle Lounge in Dublin Airport, who was suspended after a plastic bottle of alcohol was found in her handbag, has appealed the decision of the Employment Appeals Tribunal to throw out her constructive dismissal claim.
Circuit Court President, Mr Justice Raymond Groarke, was told today that the appeal by Kristina Malinovska would take a full day and he put it back for a special hearing.
Malinovska, who was employed by OCS One Complete Solution Limited, trading as Ocs Outsourced, told the Tribunal she had taken the drink to work as she would be meeting friends afterwards.
She had been suspended and told she would not be returning to the Gold Circle Lounge, but would be given cleaning duties in the food court.
She felt all her co-workers and friends were aware of what had happened and she alleged her reputation had been damaged.
Malinovska agreed her contract classed her as a cleaner and conceded that the firm could move her to another location. She disputed that she had been offered alternatives.
An operations manager for the firm at the time told the Tribunal the moving of employees to different areas was common. She had been offered relocation to several areas but had always said “no.”
In its determination of Malinovska’s claim, the Tribunal said there was an onus on her to prove her dismissal was unfair. She had been afforded every opportunity to return to work but had refused.
The Tribunal was satisfied that her behaviour in failing to engage in any satisfactory manner with her employer was unreasonable and unanimously decided she had not met the test for constructive dismissal and dismissed her claim.