The Workplace Relations Commission found that Amy Peggs was not unfairly dismissed after she resigned from her customer delivery driver job at Tesco Ireland Ltd. The decision was dated 6 July 2023.
Peggs said workplace issues and bullying she reported to managers and a team leader were not properly addressed, leaving her with no choice but to quit. Tesco said she resigned voluntarily after securing another job, and disputed that it had failed to address her concerns.
The adjudicator accepted that Tesco had appropriately handled earlier concerns, but found no evidence that it dealt with later complaints about work chat messages and dangerous driving. The driving complaint came after Peggs had given notice.
The adjudicator found the shortcomings did not amount to constructive dismissal. Peggs had not used Tesco’s formal grievance process, and her alternative job was a significant factor in her departure. Constructive dismissal is when an employee resigns because the employer’s conduct leaves them no reasonable option to stay.