WRC rejects nurse’s constructive-dismissal complaint

The Workplace Relations Commission found Marie-Noël Coleman was not unfairly dismissed by way of constructive dismissal, rejecting her complaint against Dr Fiona Kelly. The decision was dated 23 November 2023. Coleman, a nurse at the medical practice, said poor communication, an unfair disciplinary meeting and a voicemail sent to her in error made the workplace intolerable and left her no option but to resign. Kelly denied repudiating the employment contract. The adjudicator found the disciplinary process was clearly flawed and the voicemail showed an unacceptable outburst aimed at Coleman. The WRC also found serious unreasonable conduct by Coleman. It concluded that the employer’s shortcomings did not amount to a fundamental breach of contract or behaviour so unreasonable that resignation was her only option. Constructive dismissal occurs when an employee resigns because the employer’s conduct meets that legal threshold; the WRC found it was not met here.