Noonan Services Group Limited v Michelle O'Connor [2017]

This case involved a claim of unfair constructive dismissal by the complainant. The complainant had been absent from work for nearly 2 years due to a serious illness and had sought in June 2012 to return to her old position without giving notice to the respondent of her intention to do so. The respondent had felt that the arrangements in place, which had been implemented because of her absence, had been working well and did not need to be changed. Accordingly, the mobility clause in her contract was exercised and an alternative position offered to her. The complainant, despite her contractual terms being red-circled, refused the proposal as she deemed it a demotion. The complainant did not