Philomena Clynch loses constructive dismissal and annual leave complaints

The Workplace Relations Commission found Philomena Clynch’s complaints against J.R. Carson Limited T/A JR Labels not well founded. The decision, dated 11 July 2023, concerned her claims of constructive dismissal and unpaid annual leave. Clynch, an accounts manager, worked for the company from September 1999 until her resignation took effect in December 2021. She said she resigned after discussions about retirement and friction at work. The company denied constructive dismissal and said she had resigned voluntarily. The adjudicator found the company’s questions about her future working arrangements and retirement plans were reasonable, and that she had not used the workplace grievance procedure before resigning. The adjudicator concluded she resigned of her own volition, rather than being constructively dismissed. Her annual leave complaint was also found not well founded. The adjudicator found her entitlement for the relevant period was nine days and could not identify a breach of the Organisation of Working Time Act.