Courts / Ireland / Report

Construction firm employee claims unfair dismissal in wake of alleged insubordinate email

Summary

In a preliminary hearing before the Workplace Relations Commission, Brendan Burke, a senior project manager at Bretland Construction Ltd, claimed he was unfairly dismissed after sending a mass email to nearly 40 staff. Burke says he was told to apologise and accept a demotion, with a threat that failure to sign would result in dismissal. He asserts the company denies dismissal and insists he resigned on 15 November 2023, the day after the email. Burke seeks €20,000 for loss of earnings and alleges unpaid deductions. The company, represented by Jerry Lane, argues Burke committed major misconduct, citing the email as harassment and insubordination, and claims Burke declined to sign the apology letter. The tribunal is considering the burden of proof under the Unfair Dismissals Act 1977, with no decision yet made. The case is scheduled for further hearing in September.

Who, what, where, when and why

What: Report matter: Construction firm employee claims unfair dismissal in wake of alleged insubordinate email. Procedural stage: charge_or_pretrial

When:

• 15 November Other
• Wednesday 15 November 2023 Other
• 14 November 2023 Other
• 2024-06-13 Publication

Why: "The position of Bretland is that logic dictates that is exactly what happens, because at no stage does [Mr Burke] say 'I didn't send that email," Mr Lane said. CNI source report

Case subjects

Places mentioned

Topics

Stage Charge Or Pretrial

Read the original CNI report