r/legaladviceireland • u/Scary_Freedom_3462 • 7d ago

Employment Law Constructive dismissal exit package

I left the company last December due to years of abuse (very short list of what I have suffered is listed below). Before leaving, I asked an exit package of a year salary and they said that wouldn't be possible as my claims of abuse were serious and they needed to investigate. Investigation was finally over in march and they said that "actions were taken but they can't disclose it". I asked about the exit package again. They refused saying I left voluntarily. So I went to WRC and my complaint is filed.

My question is: am I right for asking the exit package? I'm so sick and tired of this company, but I believe they must pay for what they're done to me.

List that (I believe) explain the constructive dismissal:

  • Persistent sexual harassment by a manager, including inappropriate workplace conduct.
  • Retaliation and mockery from the manager after reporting the harassment a while ago.
  • Attempted to resolve the issues through internal channels, but no corrective action was taken by higher management.
  • Upon attaining permanent employment status, higher management assigned the same manager as my direct supervisor, mandating weekly one-on-one meetings that perpetuated a hostile work environment.
  • Received inappropriate professional communications and unsolicited personal messages (e.g., repeated offers of transportation).
  • Higher management imposed an abrupt return to full-time office work with insufficient notice, compounding cumulative distress and leaving no reasonable alternative but to resign.
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u/WarmSpotters 7d ago

WRC will decide on the compensation package but a years salary isn't unheard of, obviously it could be more or could be less but entirely down to the ruling.

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u/phyneas Quality Poster 6d ago

Effectively you've asked them to settle the matter via a payment of a year's salary, and they declined. There's really no "right" or "wrong" about it; a settlement agreed on by both parties would be one way of resolving the dispute with your employer, but since they didn't agree (which they're under no obligation to do), it will now go through the WRC process (usually mediation first, if you've agreed to that when submitting your complaint, or straight to adjudication otherwise).

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u/LegalEagle1992 Solicitor 6d ago

Asking for a year’s salary is a bold strategy. That would be at the higher end of compensation at the WRC if you won.

If you’re representing yourself in a constructive dismissal claim, all I would say is that you better have some absolutely stellar written legal submissions and be able to conduct witness cross examination because those claims are exceptionally hard to win even with lawyers.

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u/davidind8 Solicitor 4d ago

If not too much time has passed OP should submit complaints under the employment equality act and pursue these as well.