Managing Constructive Dismissal Risks: A WRC Case Insight

In July 2025, the Workplace Relations Commission (WRC) upheld a complaint of constructive dismissal brought by a veterinary nurse who resigned after experiencing workplace conflict and associated mental health challenges. 

This particular case offers important lessons for employers about the duty of care they owe to staff, especially in relation to internal conflict, mental health, and grievance procedures.

The Case at a Glance

The complainant had worked as a veterinary nurse since February 2022. In mid 2023, she began to experience stress and interpersonal issues with colleagues. She described feeling isolated, ignored, and emotionally distressed, leading to a breakdown in November 2023. Whilst absent on certified sick leave, she raised concerns via email to the practice owner in December 2023, alleging a history of bullying, exclusion, and fear of retaliation.

The employer responded by proposing mediation and engaging external HR support. While initially open to this, the complainant later stated she was not mentally well enough to participate at that time. She later resigned in March 2024, before the mediation took place. The employer argued that she had not exhausted internal grievance options and maintained that she resigned voluntarily.

The WRC found otherwise. Citing her mental health as a key factor, the Adjudication Officer ruled that the employer had not done enough to explore alternative supports and that the employer was also remiss in not making an Occupational Health referral.  The claim was upheld, and the complainant was awarded €5,200.

Key Takeaways for Employers

1.     Mental Health Must Be Actively Considered

The WRC acknowledged the complainant’s mental health challenges as a mitigating factor in her failure to pursue formal grievance procedures. Employers have a duty of care to employees experiencing stress or illness and must not assume a standard process will fit all situations. Occupational Health referrals or temporary adjustments to duties may be more appropriate than proceeding directly to mediation.

2.     The Importance of Early Intervention

While the employer acted promptly once informed of the issues, the WRC noted that the complainant had already suffered significant distress. A proactive culture of open communication, regular check-ins, and psychological safety may have identified her concerns earlier and prevented escalation.

3.     Ensure Grievance and Mediation Processes Are Accessible

Although the respondent did offer mediation and HR support, the WRC found that more could have been done to accommodate the complainant’s mental health needs. It's not enough to simply make a process available.  It must also be practical, supportive, and timely for the individual involved.

4.     Referrals to Occupational Health Are a Vital Tool

This case specifically highlights the missed opportunity to refer the complainant to Occupational Health. Such a referral could have offered an independent assessment of her capacity and support needs, potentially enabling her to remain in employment or return in a phased manner.

Conclusion

Constructive dismissal cases can be complex, especially when mental health is involved. This decision shows that even when employers appear to follow correct procedures, failure to fully account for the employee’s emotional and psychological condition can lead to liability. Flexibility, compassion, and a person-centred approach must go hand in hand with policy. 

Link to Decision: https://www.workplacerelations.ie/en/cases/2025/july/adj-00052606.html