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WRC rejects Sheila Martins’s constructive dismissal claim against Bon Secours Hospital Cork

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found that Sheila Martins was not unfairly dismissed after she resigned from her senior physiotherapist role at Bon Secours Hospital Cork. The decision was dated 8 March 2024. Martins said disputes with her manager and job-sharing colleague, a contested performance review and a disciplinary process contributed to her resignation. The hospital said it tried mediation and regular meetings to address the workplace difficulties, and that Martins had not raised a formal grievance before leaving. The adjudication officer accepted that the relationship between Martins and her colleague had broken down, but found the hospital had acted reasonably. Martins had not used the grievance procedures available to her. Constructive dismissal is when an employee resigns because the employer’s conduct makes it reasonable to end the employment. The WRC concluded that Martins had not established constructive dismissal.

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