The Workplace Relations Commission awarded Vanessa Byrne €13,650 after finding she was unfairly constructively dismissed by Cheshire Foundation Cheshire Ireland. The decision, dated 27 July 2023, said the employer’s investigation into allegations against her lasted eight or nine months and it failed to make definite arrangements for her return to work.
Byrne said she resigned after a lengthy and flawed investigation that damaged her reputation, and that the employer did not facilitate her return. The employer argued that she had not used its grievance process and had declined an offer to reconsider her resignation while it considered her concerns.
The WRC found that the process could have ended earlier after two witnesses did not support the allegations. It also found that the employer failed to arrange Byrne’s return and referred to further complaints awaiting her. Constructive dismissal means an employee resigns because of the employer’s conduct. The WRC awarded compensation for loss of earnings.