Background
A volunteer centre operating as a registered charity faced a constructive unfair dismissal claim at the Workplace Relations Commission (WRC) from its former manager. The organisation, which delivers services to the public and relies on strong governance and political neutrality, had received a complaint from a service user about a Facebook post that was seen as politically aligned. Around the same time, an event hosted by the centre included a video from a Ukrainian author and a comment made by the manager which the board believed could be interpreted as breaching the organisation’s policy on political neutrality. Because this centre operates in a public-interest environment, reputational risk and adherence to neutrality policies were especially important.
The situation escalated when the manager felt she was being unfairly criticised by the board and believed the meeting of 11 March 2024 was effectively a negative performance review. She went on sick leave for work-related stress and resigned shortly afterwards, claiming that the conduct of the board left her with no option but to leave. She later argued at the WRC that the employer’s behaviour was unreasonable, that she had not been properly supported, and that her resignation should therefore be treated as a constructive dismissal.
Kudos-HRM was engaged by the organisation to defend the claim. Our role was to help the board present a clear, structured, and fair account of events, to demonstrate that the employer had acted reasonably at all times, and to show that internal procedures were available to the employee but were not used. We worked with the board to clarify the chronology (Facebook post → board concern → informal meeting → offer to reconsider resignation), to separate out operational issues from alleged disciplinary issues, and to highlight the employer’s key defence: that the employee resigned without exhausting the internal grievance process, even though the organisation expressly invited her to do so. We also assisted in framing the employer’s actions around legitimate governance concerns — namely, maintaining political neutrality, protecting the organisation’s public reputation, and managing external communications by staff.
At hearing, the Adjudication Officer accepted the core pillars of the employer’s position. The WRC found that: (1) the meeting on 11 March 2024 was not a formal performance appraisal or a targeted attempt to force the employee out; (2) the organisation was entitled to raise concerns about political neutrality and external communications; (3) the employer had invited the employee to reconsider her resignation and to use the grievance procedure; and (4) because she did not substantially engage with those procedures, the high threshold for constructive dismissal was not met. The WRC also noted that the employee later sought to return to work, which undermined the claim that the employment relationship had become completely untenable.
Outcome:
The complaint for constructive unfair dismissal was found not well founded and the employer was successfully defended. The organisation avoided a potentially costly and reputationally damaging finding. Just as importantly, the case demonstrated that the employer’s processes — while not perfect in timing and follow-up — were broadly fair, proportionate, and rooted in legitimate governance concerns.
Why this matters for employers:
This case illustrates the value of having (and being seen to have) internal procedures for raising concerns, especially in volunteer, community, and not- for-profit settings where boards are often made up of volunteers and where lines between operational and governance issues can blur. Kudos-HRM helped the organisation show that it acted in good faith, that it kept the door open for internal resolution, and that the employee chose to resign rather than engage. That combination — reasonable employer conduct, a functioning grievance route, and clear board rationale — was central to the successful defence.
Key takeaway:
Early advice, a structured employer response, and clear documentation can turn what looks like a high-risk constructive dismissal allegation into a defendable case at the WRC. This is exactly the space where Kudos-HRM operates — between HR and legal — keeping disputes resolvable and protecting the organisation’s interests.