How To: Avoid A Constructive Dismissal Decision

Posted in : How To... with Dr. Gerry McMahon on 2 December 2021
Dr. Gerry McMahon
Productive Personnel Ltd
Issues covered: Constructive Dismissal; Unfair Dismissal; Grievance Procedures; Breach of Contract.

The recent decision of the Labour Court to set aside a Workplace Relations Commission (WRC) determination in a constructive dismissal case serves yet again to underline the complexity associated with this area of employment law. Explaining the rationale behind its decision, the Court pointed out that a complainant in such scenarios ‘faces a high bar’ in establishing that it is reasonable to resign in response to an employer’s alleged unreasonable conduct and/or breach of contract. In this case the Court reminded parties that the ‘complainant is expected to exhaust all internal procedures available’, to give the respondent employer ‘an opportunity to address any reasonable concerns before

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This article is correct at 02/12/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dr. Gerry McMahon
Productive Personnel Ltd

The main content of this article was provided by Dr. Gerry McMahon. Contact telephone number is +353 1 490 7490 or email

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