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 … Read more

Constructive dismissal and the crucial importance of exhausting the internal procedures before resigning

“Did you avail of the internal grievance procedure before you resigned?” This is one of the first questions I ask any employee who comes to me for advice about bringing a claim for constructive dismissal. It can be easily established from the case law that a case for constructive dismissal will almost certainly fail if … Read more

Constructive Dismissal Case Succeeds and €25,000 Awarded to Employee-4 Observations

This case involved a security officer and a supermarket. The employee brought a number of complaints against his former employer, but the one I want to focus on in this post is the constructive dismissal claim. Firstly, the employee overcame the odds stacked against any employee in a constructive dismissal case by winning. A recent … Read more

Low success rates in 200 unfair dismissal cases-new research shows 14% success rate in constructive dismissal claims

Are you thinking about bringing a claim for unfair dismissal? Maybe you are thinking about leaving your job and claiming for constructive dismissal? Before you do you would be well advised to consider the findings of research carried out by a solicitor colleague, Barry Crushell, of Crushell & Co., who reviewed the outcomes of 200 … Read more

Employee Ticked Wrong Box on WRC Online Claim Form-Could His Case for Constructive Dismissal Be Heard?

The case of Eddie Byrne versus Secto Services Limited is a constructive dismissal case that is worth a close review. Firstly, the employee, Eddie Byrne, ticked the wrong box on the WRC online complaint form. He intended to bring a claim for constructive dismissal but did not tick the unfair dismissal box, he ticked the … Read more