Courts / Ireland / Report

Threats to resign as pay increase 'tactic' backfired but WRC finds welder was unfairly dismissed

Summary

In a January 2023 decision, the Workplace Relations Commission ruled that Anatoliy Ludchenko, a welder at Harp Renewables Ltd, was unfairly dismissed rather than having resigned. Ludchenko had repeatedly threatened to quit as a tactic to secure a pay increase, but the tribunal found he had "some level of responsibility" for the outcome. He claimed frustration over unfinished preparatory work and a lack of response from supervisor Kevin Quirke, and said he was forced to leave after Quirke told him he had resigned. The company maintained that Ludchenko had resigned, but the adjudicating officer noted the employer failed to confirm a resignation in a clear, unambiguous way. The tribunal awarded Ludchenko €19,500 in compensation for five months' pay, concluding the dismissal was unfair. The decision also acknowledged that the threat of resignation had been used by Ludchenko as a tactic to obtain a pay increase, which backfired.

Who, what, where, when and why

What: Report matter: Threats to resign as pay increase 'tactic' backfired but WRC finds welder was unfairly dismissed. Procedural stage: trial

When:

• 23 November 2021 Other
• 26 November Other
• Christmas Other
• 2023-01-23 Publication

Why: Giving evidence through an interpreter, Mr Ludchenko said he had become "frustrated" at work because preparatory work that he said was supposed to be carried out by a colleague was left undone on 23 November 2021. CNI source report

Topics

Stage Trial

Read the original CNI report