LCR23323

PARTIES:

DIVISION:

SUBJECT:

Referral under Section 20(1) Industrial Relations Act 1969.

BACKGROUND:

The Worker referred this case to the Labour Court on 08 April 2026 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.

A Labour Court hearing took place on 10 September 2026.

RECOMMENDATION:

The Worker submitted that she had reported incidents that occurred in the workplace in December 2025 and February 2026, but that no action had been taken by the Employer. She stated that she was then unfairly subjected to a workplace assessment by her line manager. That assessment raised issues concerning her performance, but she did not feel comfortable disputing them during the conversation with her line manager. She believed that she was the only person subjected to such a workplace assessment. She submitted that the combination of these incidents contributed to her decision to resign, as she believed that her working conditions were unsafe. In her referral form, the Worker requested that the Court consider her complaints of constructive dismissal and workplace harassment.

The Employer submitted that the Worker had not been dismissed, but had resigned from her position. The Employer stated that, before her employment commenced, the Worker had been emailed her Contract of Employment, Job Description and Employee Handbook. The Worker signed an acknowledgement that she had received those documents. She also completed the Employer’s online Kitchen Staff Induction and attended in-person Dignity and Respect Training delivered by HR. Her training record shows that the training covered bullying and harassment, how to resolve an issue, and the company’s grievance and disciplinary procedures. The incidents raised by the Worker were investigated. Another member of staff was spoken to and subsequently left the employment. The Worker was also advised to contact a named person in HR, but chose not to do so.

As part of her probationary period, and in line with the process applied to all staff on probation, the Worker attended a probationary meeting with her line manager. Her comments on the form indicated that she agreed with the line manager. Her probationary period was extended. The Worker alleged that, on 4 February 2026, the head chef had shouted at her, but she also confirmed that she had not raised this incident with anyone during her employment. By email to the HR Manager dated 14 February 2026, the Worker resigned with immediate effect and did not work her contractual notice period. The Employer wrote to her twice afterwards, inviting her to engage, but she did not respond.

Having considered the parties’ written and oral submissions, the Court notes that the Employer had procedures in place and that the Worker was aware of them. When issues were raised with the Employer during her employment, the Employer sought to address them. Even after she submitted her resignation, the Employer sought to engage with her, but she did not respond to the invitations to meet. The Court does not recommend concession of the Worker’s claim.

	Signed on behalf of the Labour Court
	Louise O'Donnell
14/09/2026	______________________
AL	Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Amy Leonard, Court Secretary.