First Reported WRC Decision On Covid-19 In The Workplace

Introduction

In a  recent decision, the Workplace Relations Commission (WRC) found that an employee was constructively dismissed when her employer rejected her request to work from home at the onset of the COVID-19 pandemic. While this decision is certainly noteworthy, as the first reported WRC decision concerning COVID-19 in the workplace, it does not represent any departure from existing principles on constructive dismissal.  

Of interest is that the Adjudication Officer (AO) found that the employee's resignation was justified because of a breach of contract, specifically, a breach of the implied duty to ensure a safe place of work.  While the pandemic has not altered this statutory duty, it has brought it into practical focus.  This decision underscores the importance of meaningful engagement with employees who put forward proposals as to how the duty can be discharged.  The poor quality of engagement in this case was a material factor in a finding of