This case involved a claim of unfair constructive dismissal by the complainant. The complainant had been absent from work for nearly 2 years due to a serious illness and had sought in June 2012 to return to her old position without giving notice to the respondent of her intention to do so. The respondent had felt that the arrangements in place, which had been implemented because of her absence, had been working well and did not need to be changed. Accordingly, the mobility clause in her contract was exercised and an alternative position offered to her. The complainant, despite her contractual terms being red-circled, refused the proposal as she deemed it a demotion. The complainant did not make herself available for work and was subsequently removed from payroll on the 7th September 2012.

The complainant subsequently commenced a temporary role, with the respondent, in October 2012 and remained working there until October 2013, when she went out on long-term sick leave. In January 2014 she notified the respondent of her intention to resign. The respondent attempted to get the complainant to reconsider her resignation by offering her the option of mediation. The complainant's solicitor subsequently informed the respondent of the complainant's wish to retract her resignation and her willingness to engage in mediation, however  the intended mediation never occurred. Ultimately, the complainant notified the respondent that she deemed that her employment had been terminated in January 2014.

She had decided to become a full-time carer for her mother and applied for Carer's Benefit from the Department of Social Protection but not for Carer's Leave through the respondent. As requested, the respondent completed the necessary Carer's Benefit application, although allegedly a number of months late. Admittedly, the respondent made a number of factual errors in the form but corrected these promptly once they became aware of same. The Court held that the complainant failed to discharge the burden of proof necessary in a constructive dismissal case. The Court stated that an employee's personal or family circumstances, no matter how unfortunate, cannot ground a constructive dismissal claim. Likewise, the Court found that a genuine clerical error by an employer, in completing a Department form, is an insufficient basis to ground such a claim. Accordingly, the appeal was dismissed.
http://www.workplacerelations.ie/en/Cases/2017/October/UDD1743.html