The Labour Court upheld the rejection of Catherine Flynn’s constructive dismissal complaint against Tusla Child and Family Agency, finding she was not constructively dismissed. Its determination was dated 9 February 2018, and Flynn’s appeal failed.
Flynn said her transfer from Crannóg Nua to Ballydowd Special Care Unit lasted longer than expected, travel benefits were withdrawn and she could not secure another transfer. She argued these matters contributed to her resignation. Tusla said the move was temporary during redevelopment and had been agreed with IMPACT. It said it accommodated requests about hours and night shifts and offered transfer options.
The Court found the transfer and other matters did not amount to a fundamental breach of Flynn’s employment contract. It also found Tusla supported her and acted reasonably. Flynn had not raised a grievance before resigning, and the Court found she had not made reasonable efforts to address her concerns. It concluded she had met neither test for constructive dismissal: a fundamental breach by her employer, or conduct so unreasonable that she could not fairly be expected to remain in the job.