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WRC awards Fiona Chapman €12,084 after finding constructive dismissal

By Orla Quinn

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission awarded Fiona Chapman €12,084 after finding she was constructively dismissed by Kilkenny/Carlow Area Supported Employment Services. The decision, dated 3 March 2023, also found her minimum notice complaint was not well founded.

Chapman resigned after disputes over proposed changes to her employment terms and the handling of grievances she had raised. An external investigation found flaws in the initial grievance process and substantially upheld grievances against her line manager. The WRC found the employer’s delays and failures to engage with her after that investigation undermined trust and made its conduct unreasonable.

The WRC found Chapman had not contributed to the breakdown of trust and that she found alternative employment within a reasonable timeframe. The €12,084 award included accrued redundancy and reduced pay in her new employment. Her minimum notice complaint failed because statutory notice is not payable following resignation, including constructive dismissal.

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