How To: Avoid A Constructive Dismissal DecisionPosted in : How To... with Dr. Gerry McMahon on 2 December 2021
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
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.