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WRC finds Michelle Moran was not constructively dismissed by Mylan

By Saoirse Doyle

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Michelle Moran was not constructively dismissed by McDermott Laboratories Ltd t/a Mylan. The decision was dated 1 February 2022. Moran said a performance improvement plan and the proposal for a second plan left her with no alternative but to resign. Mylan said the plans addressed performance concerns in its highly regulated pharmaceutical laboratory and were intended to support her. The adjudication officer found that the evidence did not establish a fundamental breach of contract or employer conduct so unreasonable that resignation was effectively unavoidable. The complaint was not proven.

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