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Former Manager Awarded €40,000 in Successful Constructive Dismissal Claim

posted 6 months ago

In Caroline McGarry v JTI (Ireland) Ltd ADJ-00041399, the Complainant, Ms McGarry, brought a claim to the Workplace Relations Commission (the “WRC”) that she was constructively dismissed from her employment in the Respondent tobacco company. She claimed that the conduct of the Respondent was such that she had no option but to resign from her role of thirteen years.

Facts: The Complainant was employed by the Respondent from 2008 to September 2022. At the time of her resignation, her role was Trade Activation Manager Digital. The Complainant described that over 2018/2019, there was a restructuring and reduced headcount in the Respondent which resulted in additional work and pressure for the Complainant. From 2020, resources in the Respondent company decreased while the Complainant’s workload increased. She was working long hours and raised concerns over resources and her heavy workload. The Complainant said that her health began to suffer as a result of work-related stress. Despite raising concerns with her line manager and senior management, the Complainant did not feel that she had their support. In 2021, the Complainant started to experience anxiety attacks and panic waking, and was certified by her doctor as unfit for work for a period. She was prescribed medication and began seeing a counsellor. Later in 2021, occupational health deemed the Complainant unfit for work for a further period.

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