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WRC rejects kitchen manager’s constructive dismissal complaint against Cork pub

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Leanne McGrath was not unfairly dismissed after resigning from J D Wetherspoon Plc T/ A The Linen Weaver. The decision was dated 18 July 2022. McGrath, a kitchen manager, said security concerns and violent incidents at the Cork pub left her unable to continue. The employer said it had increased security and offered support, counselling and changes to her working arrangements. The adjudication officer found the employer was taking steps to support her return and that McGrath had not shown her resignation was involuntary. Constructive dismissal is when an employee resigns because the employer’s conduct has made it reasonable to leave. The officer concluded McGrath had not met the high burden of proof for constructive dismissal.

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