The Workplace Relations Commission upheld Danica Gutierrez’s constructive dismissal complaint against Cafico Corporate Services Limited and awarded her €17,917.50. The decision, dated 3 October 2024, found the employer’s conduct made her resignation reasonable.
Gutierrez resigned after the company placed her on a performance improvement plan and, three working days later, offered two months’ pay and €5,000 to leave. Cafico said client complaints prompted the plan and exit offer, and that she could have continued working under the plan. The WRC found the exit offer damaged the employment relationship and went to the root of the contract. In constructive dismissal cases, an employee resigns because the employer’s conduct makes it reasonable to leave.
The WRC found her minimum notice and annual leave complaints not well-founded. Two other complaints, concerning whistleblowing and protected disclosures, were withdrawn at the outset of the hearing.