The Workplace Relations Commission awarded Paula McCormack about €1,000, equivalent to two weeks’ pay, after finding that her resignation from an agency role in the HSE amounted to constructive dismissal. The decision was dated 11 April 2023.
McCormack alleged that difficulties with her office manager, including late-night work messages, changes to timesheets and unpaid extra hours, made her resignation necessary. The HSE disputed her account, saying she resigned voluntarily and that it was reviewing her concerns at the time.
The adjudication officer found that unreasonable behaviour sufficient to support constructive dismissal had been set out, while describing the conclusion as marginal. McCormack resigned while her concerns were being reviewed and had not properly used the internal grievance procedures. The officer awarded two weeks’ pay; the four-week maximum was not awarded in the circumstances.
Her other complaints, covering Sunday pay, wages, rest periods, working hours, employment terms and less favourable treatment as an agency worker, were not made out.