The Workplace Relations Commission rejected two complaints by Kim Tully (Alright), a long-serving Department of Justice employee, after finding she had resigned and had not been dismissed. The decision was dated 11 May 2023.
Tully had worked part-time as a clerical officer since 2008. She gave notice in April 2022 after receiving an offer from Tusla, but sought to withdraw her resignation when the offer was withdrawn. The Department later confirmed it had accepted her resignation.
The WRC found her resignation was clear and unconditional and that there were no special circumstances to invalidate it. Because she had not been dismissed, the adjudicator found she was not entitled to minimum notice from the Department. Both the unfair dismissal and minimum notice complaints were found not well founded.