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.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court18 Mar
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports10 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- 18 Mar2025Female 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