WRC rejects Thomas O’Brien’s constructive dismissal complaint

The Workplace Relations Commission found Thomas O’Brien’s constructive dismissal complaint against E. C. S. C. Ltd Enniscorthy Community Services not well founded in a decision dated 14 February 2023. O’Brien said poor ventilation and no hot water during the pandemic left him no choice but to resign. The employer said it had taken steps to protect staff and that his decision to leave was unreasonable. The WRC noted that O’Brien had not raised a grievance and found his decision to leave had little to do with the ventilation or hot water. The employer had provided screens, masks and hand sanitiser and restricted public access. In a constructive dismissal claim, an employee must show that the resignation was not voluntary; the decision described this as a very high burden.