St John of God wins constructive dismissal case brought by Ann Doherty

The Workplace Relations Commission found Ann Doherty’s constructive dismissal complaint against St John of God not well founded. The decision, dated 27 September 2023, dismissed her claim under the Unfair Dismissals Act 1977. Doherty said she felt she had no option but to resign after her treatment at work and the respondent’s lack of engagement with WRC mediation. St John of God said it had acted reasonably and argued she had not used its internal grievance procedures before resigning. The adjudication officer said employees bringing constructive dismissal claims generally must substantially use available grievance procedures before resigning. The officer found that the employer’s decision not to take part in voluntary WRC mediation did not justify the resignation. Although the officer criticised a letter sent after Doherty resigned about possible repayment of money, it could not have caused her resignation.