Key HR Lessons from the Chantelle Lingerie Case
A recent Workplace Relations Commission (WRC) ruling awarded €15,800 to a lingerie saleswoman who was constructively dismissed after nearly 20 years of service. The case highlights critical HR failings and offers timely lessons for all employers.
At Bloom Consultancy, we support businesses in navigating these complex issues before they become costly claims. Here’s how this could have been prevented.
What Went Wrong?
1. Health and Safety Duties Ignored
The employee repeatedly raised concerns about burnout, understaffing, and overwhelming workloads. Instead of recognising these as serious health and safety issues, her employer dismissed them as operational matters.
Best Practice: Conduct workplace stress risk assessments and engage occupational health when wellbeing concerns arise.
2. Dismissive Responses During Absence
When the employee reported that her illness was linked to work-related stress, her employer responded with vague well-wishes rather than acknowledging or investigating the link.
Best Practice: Use structured return-to-work interviews and explore root causes of sickness absences.
3. Misclassification of Grievances
The employer brushed off concerns about poor staffing levels and lost sales as “commercial issues”, rather than understanding the human impact on staff morale and mental health.
Best Practice: All operational concerns raised by employees should be treated as potential grievances, especially when tied to workload and performance stress.
4. Failure to Follow a Grievance Process
Despite ongoing concerns, the employer never activated a formal grievance procedure or conducted a documented investigation.
Best Practice: Always escalate written concerns using your grievance policy. Ignoring them can lead to a claim of contract repudiation.
5. No Connection Made Between Resignation and Work Conditions
Although the employee raised burnout repeatedly, the employer assumed the resignation was unrelated and failed to carry out an exit process.
Best Practice: Conduct thorough exit interviews and record reasons for resignation. This could be key in defending any claim later.
The Result: €15,800 Awarded
The WRC found the employer had repudiated the employment contract by failing to address serious concerns impacting the employee’s health. The company was ordered to pay the full loss for five months of unemployment.
What Would Have Helped Them Win?
- Properly respond to health concerns
- Engage the grievance process early
- Keep detailed records of all issues raised
- Support sick employees with a structured wellbeing strategy
- Foster a workplace culture where staff feel heard and supported
At Bloom Consultancy, We Help You Avoid This
We specialise in:
- Grievance and disciplinary handling
- Workplace stress management
- HR audits and WRC preparation
- LMS-based staff training on best HR practices
This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.