Constructive Dismissal

What is a standard Constructive Dismissal Claim ?.

A claim for constructive dismissal is one brought on the basis that an employee’s work life has become intolerable due to conduct of the employer, and they had no alternative but to leave that employment. As the resignation was not truly voluntary, it is in effect a termination.

What should you do, if this situation arises in your working life ?

  • Speak to your line manager or someone from your HR department. Try to resolve the matter through the normal chain, if possible. Record your efforts.
  • Follow the standard grievance procedure prior to resignation. 
  • Follow the Industrial relations procedures prior to resignation
  • Ask your Solicitor for advice before resigning. Prevention is always number 1. and cure number 2.
  • Only resign when all the avenues have been exhausted and essentially you have done what you can do.

What is the Workplace Relations Commission ?

The Workplace Relations Commission is an independent body in Ireland for the resolution of employment disputes, which can be resolved with the benefit of medication or an adjudicator. 

Can I appeal a decision of an Adjudicator Officer ? 

Yes, an appeal can be made to the Labour Court within a strict timeframe. 



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Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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