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Labour Court overturns €9,500 award to Catherine McNena on employer’s appeal

By Donal Gilhooly

Labour Court ·

The Labour Court overturned a €9,500 award to Catherine McNena after allowing The Holy Cross Bars Ltd’s appeal against a constructive-dismissal decision. The determination was signed on 13 November 2017. McNena, a part-time waitress, had resigned after being asked to stay beyond her rostered hours. She said family circumstances meant she could not work later; the company said she had resigned and worked her notice. The Court found the company had not committed a fundamental breach of contract or acted so unreasonably that McNena could not be expected to continue working. It found the constructive-dismissal grounds had not been made out, set aside the Adjudication Officer’s decision and found the complaint not well founded.

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