Teresian School wins constructive dismissal case brought by former teacher

The Workplace Relations Commission dismissed Emma Burke’s constructive dismissal complaint against The Teresian School, finding she had not shown that the school’s handling of a bullying investigation justified her resignation. The decision was dated 1 February 2023. Burke said workplace issues began after the school sought to change her employment terms in 2019. She later took a career break and made a bullying complaint. She argued that delays and problems in the investigation, and the lack of a response to her final email, caused her to lose trust in the school. The school said it appointed investigators and that the process developed into mediation. Revised terms for an investigation were sent after Burke raised concerns about them. The adjudication officer found the school should have responded more quickly, but said the delay did not amount to a breach of contract and it was not reasonable for Burke to resign on that basis. The officer concluded she was not constructively or unfairly dismissed and dismissed the complaint under the Unfair Dismissals Act.