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WRC says Irene Finnegan’s unfair dismissal complaint was outside time limit

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Irene Finnegan’s unfair dismissal complaint against Harcourt Dental Clinic was brought outside the six-month time limit and was not well founded; the merits were not decided. It found no reasonable cause to extend the deadline and said it had no jurisdiction to hear the complaint. The decision was dated 21 June 2023. Finnegan said she resigned with immediate effect on 29 April 2022 because of alleged contract breaches. She filed her complaint on 2 November 2022. She told the hearing she had moved in with her parents while seeking cheaper accommodation and had started further education. The adjudication officer noted she had legal advice before and after resigning. The clinic argued the complaint was late. Constructive dismissal is when an employee resigns because they say their employer’s conduct left them no reasonable choice.

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