The Labour Court set aside the four weeks’ compensation awarded to Ms Mary Walshe in her constructive dismissal case against Get Fresh Vending Limited. The determination was signed on 20 May 2021, after Walshe appealed the Adjudication Officer’s decision.
Walshe said she resigned because of her manager’s conduct and a final written warning imposed after a dispute with a colleague. The company had disciplined her over her behaviour during the incident and issued a six-month warning. She was told she could appeal it but instead asked the company to retract it.
The Court found that Walshe had not exhausted the internal procedures available before resigning. It also found nothing inherently unfair in the disciplinary process and said she had not shown a breach of contract or fundamentally unreasonable conduct that justified her resignation. Her appeal failed and the earlier decision was set aside.