WRC rejects Grace Shanley’s constructive-dismissal complaint; redundancy complaint withdrawn

The Workplace Relations Commission found Grace Shanley’s constructive-dismissal complaint against SJA Horizons Limited was not well founded in a decision dated 23 March 2022. Her separate redundancy complaint was withdrawn at the hearing. Shanley said her hours and duties fell after the restaurant reopened and her concerns went unanswered, leaving her no option but to resign. The company said hours were reduced during Covid-19 restrictions and her position remained available. The adjudication officer found her average hours fell from 29.2 before the closure to 22 after reopening. The officer concluded there was no significant breach of contract and the company had not acted so unreasonably that Shanley had no option but to resign. She resigned rather than transfer to the new employer under TUPE.