Tag: constructive dismissal proof
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Employee’s unwillingness to engage in employer’s process before resigning causes failure of constructive dismissal claim
Thinking about resigning from your job and bringing a claim for constructive dismissal? Before you do you would be well advised to take 10 minutes or thereabouts to read the WRC decision in the case of Brian Griffin v Sage (ADJ-00034467). Mr Griffin resigned from his position of 2.5 years with Sage but he made…
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A Constructive Dismissal Story (Agnieszka’s Story)
There’s a Polish woman (Agnieszka) from outside Maynooth who came to me one day about 15 months ago. She told me a story I found hard to believe. But I can assure you it was true. She told me she came to Ireland about 12 years ago and got a job in a shop. Agnieszka…
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Constructive Dismissal-The Burden of Proof on the Employee is a Heavy One
Can we be honest? Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer. The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen…