The Labour Court upheld the rejection of Lorraine Whelan’s constructive dismissal claim against Tusla The Child & Family Agency, disallowing her appeal. The Court signed its determination on 8 July 2016.
Whelan said TUSLA had failed to protect her from bullying and that she had no option but to resign. TUSLA said it had tried to address the workplace dispute through mediation and alternative duties. The Court found that management had handled the issues less than perfectly but had made progressive efforts to find a solution. It concluded that the agency’s conduct was not so unreasonable as to justify Whelan’s resignation and did not show an intention to break an essential term of her contract.