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WRC finds constructive dismissal complaint not well founded after complainant misses hearing

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Paul Kirwan’s constructive dismissal complaint was not well founded after he failed to attend a resumed hearing. The decision, dated 3 February 2023, says he did not respond to an offer of a remote hearing and did not open his case through evidence; the merits were not decided. Kirwan had claimed that his employment as a Regional Sales Manager ended in constructive dismissal. His submitted narrative described a worsening work experience and scrutiny of his performance before he resigned. The respondent denied dismissing him and said he chose to leave; it also cited performance and expenses issues.

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