Labour Court rejects Eileen Murphy’s unfair dismissal appeal

The Labour Court rejected Eileen Murphy’s unfair dismissal appeal against Presentation Secondary School Board Of Management. In a decision signed on 9 October 2024, it affirmed the Adjudication Officer’s finding that her complaint was not well founded. Murphy said the board chair’s failure to contact her during illness and his request for advice on handling her grievance and continuing absence led her to retire. The board said it acted reasonably and that she retired before exhausting internal procedures. The Court found the chair’s conduct did not make it unreasonable to expect her to continue working or undermine her employment contract. A constructive dismissal claim can succeed when an employer’s conduct makes it unreasonable for an employee to remain, or undermines the employment contract.