Case No. 2070Sexual assault (unwanted touching), constructive dismissal (employment) · Co. Dublin · 3 May 2022

Care assistant loses WRC constructive dismissal claim over sexual assault at Rotunda Hospital

Kaitlyn Winston, a care assistant at the Rotunda Hospital in Dublin, lost her Workplace Relations Commission claim for constructive dismissal after a porter sexually assaulted her in May 2022 and was kept on staff following a disciplinary process. The WRC adjudicator found the hospital had done everything reasonably possible to prevent a recurrence, and Ms Winston has confirmed she will appeal the decision.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court18 Mar
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
10 statements extracted from the articles
  • whatKaitlyn Winston is a female care assistant at the Rotunda Hospital who claimed she was forced to quit because management let the assaulting porter stay on staff (irishtimes.com)
  • whatThe porter was a man in his 30s whose identity was protected by a press order (irishtimes.com)
  • whatMs Winston was 19 years old at the time of the incident (irishtimes.com)
  • whatShe quit her €31,000-a-year job after a return-to-work meeting on 30 March 2023 failed to resolve matters (irishtimes.com)
  • whatShe is now working in another maternity hospital (irishtimes.com)
  • whatMandatory dignity at work training was provided for porters and maternity care assistants (irishtimes.com)
  • whatHer solicitor Barry Crushell confirmed she would be appealing the decision (irishtimes.com)
  • whenThe incident occurred on 3 May 2022 (irishtimes.com)
  • whenShe took sick leave again on 24 February 2023 (irishtimes.com)
  • courtThe WRC rejected her complaints under the Unfair Dismissals Act 1977 and Employment Equality Act 1998 (irishtimes.com)

The reporting

newest first
  1. 18 Mar2025
    Female care assistant sexually assaulted at Rotunda Hospital loses claim for constructive dismissal

    WRC tribunal decision rejecting constructive dismissal and employment equality complaints; appeal confirmed by solicitor Barry Crushell.

    victim, Kaitlyn Winston, 19, female, irish (judged from name)Kaitlyn Winstonsuspect, 30s, male