Airport lounge worker loses dismissal claim
Published 06/05/2016 | 02:30
A worker at Aer Lingus's Gold Circle in Dublin Airport has lost her claim for constructive dismissal.
The Employment Appeals Tribunal (EAT), heard that Kristina Malinovska was suspended after a plastic bottle containing alcohol was found in her handbag on January 27, 2015.
Ms Malinovska was employed by OCS One Complete Solution Limited T/A Ocs Outsourced. She told the tribunal that she had brought the bottle with her, and it was for meeting friends after work.
Ms Malinovska was suspended but later told that "no sanction was applicable". She was told she would not be returning to the Gold Circle but to cleaning duties in the food court.
An operations manager for the firm at the time said the moving of employees was commonplace.
He said that here was no ambiguity - Ms Malinovska was a cleaner.
In its determination, the EAT stated that Kristina Malinovska was afforded every opportunity to return to work, an opportunity she refused to avail of.
Ms Malinovska also brought an action against Aer Lingus but the EAT dismissed the case after stating that Aer Lingus was not her employer.