How To: Avoid A Constructive Dismissal Decision

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