WRC rejects Marlena Czerwonka’s constructive-dismissal and employment-terms complaints

The Workplace Relations Commission (WRC) found that Marlena Czerwonka was not unfairly dismissed and that her employment terms were not changed unilaterally. The decision, dated 13 July 2022, concerned her reassignment from customer-facing work to kitchen duties during pandemic restrictions. Czerwonka said the reassignment was demeaning and that she eventually left because of stress and her employer’s conduct. Byrdan Limited said restaurant service had been curtailed by public-health restrictions, so staff were moved to other duties while remaining on the same pay. The WRC found no fundamental breach of contract or unreasonable conduct, and said the reassignment was provided for contractually. It also found she had not established that she was dismissed in circumstances meeting the constructive-dismissal test.