Repeated management actions, including delayed pay, removal of authority and failure to address the employee's concerns, fundamentally breached trust and confidence, entitling the employee to resign and recover €40,000 for constructive dismissal plus €1,000 in unpaid wages.

The Complainant said he had worked for the Respondent since 2012 and had progressed to Deputy Principal of its school. He maintained that, from September 2024, the employment relationship deteriorated through delayed salary payments, interference with school operations, removal of administrative access and repeated demands that he releases confidential data. He believed that providing the information without proper consent would breach data protection obligations. He also alleged that the Respondent claimed ownership of a school database system which he had developed independently. Also, imposed financial controls selectively and communicated with him in an accusatory and intimidating manner. He said concerns raised by him were ignored, his authority was progressively undermined, and he was excluded from decisions affecting the school. He contended that no grievance process had been made available and that cumulative mistreatment caused a complete breakdown of trust, leaving him with no reasonable alternative but to resign in April 2025.

The Respondent did not attend the adjudication hearing and did not provide any explanation for its absence, despite having been properly notified. Accordingly, no oral evidence was offered to contradict the Complainant’s account or justify the management decisions. Simply put, the Respondent did not explain the delays in paying wages, the withdrawal of the Complainant’s access to staff electronic accounts, the dissolution of the educational committee or the manner in which information had been requested. It also did not address the allegation that the Complainant’s role had been diminished. No evidence was submitted to establish that a grievance procedure had been available or communicated to the Complainant. The Respondent likewise did not contest the separate Payment of Wages claim concerning €1,000 owed for work performed during the holy month.

The Adjudicating Officer accepted that the Complainant had been constructively dismissed. The evidence showed that his position had been progressively diminished and he had become caught in a wider organisational dispute. Salary payments had been delayed, his administrative access had been withdrawn without consultation, and repeated demands had been made for sensitive data despite his concerns. The Adjudicating Officer found that the Respondent, acting through its management, had sidelined the Complainant and caused a complete breakdown of trust and confidence. Although he had not formally invoked a grievance procedure, his repeated emails and communications had clearly notified the Respondent of his complaints. In those circumstances, it had not been reasonable to expect him to remain employed. His resignation in April 2025 was therefore justified. He was awarded €40,000 for financial loss, while the uncontested Payment of Wages complaint succeeded in the amount of €1,000.

Employers should:

1. Ensure where there are changes in governance / management, communicate clearly with employees whose responsibilities may be affected. Managers should not be deprived of access, authority or operational functions without consultation / explained justification. Repeated unilateral changes may collectively undermine trust and confidence (even where no single act would independently justify resignation).
2. Recognise that where employees raise genuine data-protection or safeguarding concerns, they should receive clear written instructions. They should not be portrayed as obstructive merely because they seek clarification. Salary delays should also be treated as serious contractual issues and corrected promptly.
3. Treat substantive emails and written objections as potential grievances and respond meaningfully. They should also attend WRC hearings and provide evidence. Maintaining accessible grievance procedures, recording management decisions and engaging directly with employee concerns may prevent a dispute from developing into a breakdown of trust.

The full case can be found here.