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WRC rejects Brenda Cummins’s constructive dismissal complaint

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Brenda Cummins was not constructively dismissed by Moore Cleaning Services Ltd. The decision, dated 31 May 2024, followed her complaint that workplace treatment had led her to resign. Cummins said her neighbour, who was also her manager, bullied and harassed her after a dispute over cleaning debris from her driveway. She also described problems with work supplies and hours, and delayed approval of compassionate leave. The company said it investigated her grievance, changed her manager and disputed that she had been constructively dismissed. For constructive dismissal, an employee who resigns must show a serious breach of contract or employer conduct so unreasonable that they could not be expected to stay. The officer found that the company had taken practical steps to address the workplace difficulties and that the issues Cummins described did not justify her resignation. The officer also found she had not pursued efforts to limit her loss with sufficient resolve. Cummins obtained another job about six months after leaving.

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