This case involved a claim of constructive dismissal. The complainant submitted that due to her working environment she had no option but to resign her position with the respondent. She submitted that she had subsequently explained, in an email to the respondent, the grounds for her resignation which included her transfer from Portrane to Lucan, the cessation of associated benefits/ expenses and the high risk environment she worked in.

It was claimed that the respondent did not investigate the reasons for her resignation and did not offer her alternative reasonable accommodation. The complainant sought re-instatement or re-engagement, and if not compensation. It was accepted that the complainant was provided with the written terms and conditions of employment which referenced the grievance procedure in place.

The Court indicated that it was for the complainant to establish the facts which justified her terminating her employment. The Court felt that an employer cannot be expected to address an employee's grievances in circumstances where an employee failed to notify it of their issues. Therefore, the Court concluded that the complainant had not been constructively dismissed, particularly in circumstances where she had failed to address her grievances before resigning.