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Employee Loses Constructive Dismissal Claim but Receives an Award as Employer Failed to Prevent Employee Working Excessive Hours

posted 1 year ago

The Melissa Moran v C.h Kane Ltd Supervalu[1] case comprised of two complaints to the Workplace Relations Commission (“WRC”). These were under the Organisation of Working Time Act 1997 and the Unfair Dismissals Act 1977 respectively.

Facts: The Complainant (Ms Moran) was employed by the Respondent (C.h. Ltd Supervalu) for nearly five years. Ms. Moran commenced employment with the Respondent in February 2016 as a Sales Assistant and progressed to the role of Trainee Assistant Manager in October 2019. The Complainant’s father was ill and she requested split shifts on days she was doing lockups, as she was responsible for her father’s medication.  The Respondent claimed this would not work due to the demands of the business during hours she would be absent. The Complainant resigned from her position and alleged that the failure of the Respondent to facilitate her with daily hours to enable her to tend to her relative, amounted to constructive dismissal.

Ms. Moran also alleged she was expected to work over 50 hours every week 6 days a week, with issues ongoing ever since she took on the role of Trainee Assistant Manager. While the Complainant was told her expected weekly hours would be 45 hours, she highlighted that the workload given to her could not be done in that timeframe. The Respondent argued that Ms. Moran was never required or requested to work beyond her contracted weekly hours and she was asked not to come into the store when she was not rostered on several occasions.

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