The Workplace Relations Commission found that Jti (Ireland) Limited unfairly dismissed Caroline McGarry and ordered it to pay her €40,000 in compensation. Adjudication Officer Kara Turner made the decision, dated 16 October 2023.
McGarry resigned in September 2022 after a performance appraisal rated her “needs improvement” and led to a performance improvement plan. She said JTI had not properly considered her return from sick leave or addressed her concerns. JTI disputed the claim, arguing that she resigned without using its internal procedures.
The WRC found JTI had reasonably handled her workload and phased return to work, but did not properly address grievances in her April 2022 letter. It found the company knew she was experiencing significant personal and health-related difficulties and that further intervention was warranted. The officer concluded that McGarry was constructively dismissed, meaning the company’s conduct left her with no reasonable option but to resign. The WRC found she had not contributed to her dismissal or financial loss.