The Labour Court upheld the rejection of Stuart Cahill’s constructive dismissal claim against Mars Food Ireland Ltd, finding that no dismissal had occurred. It dated its determination 25 February 2022.
Cahill said he had to leave after being placed on a performance improvement plan and raising grievances. Mars Food Ireland Ltd said he had not told the company that he was ending his employment and had not engaged with efforts to address his grievances.
The Court found that lodging a complaint with the WRC did not replace notifying the employer that the employment had ended. It also found the company’s conduct was not unreasonable and that the performance plan was allowed by Cahill’s contract. His appeal failed.