Courts / Meath / Report

Estate agent who denied 'I don't feel like going into work today' remark meant he was quitting loses claim for unfair dismissal.

Summary

Barry O'Brien‑Lynch, an estate agent, claimed he was unfairly dismissed by ES Reilly Estates Ltd (Sherry Fitzgerald Reilly). The Workplace Relations Commission (WRC) found it more likely than not that he had resigned during a phone call with his boss, Ed Reilly, on 17 February 2023. O'Brien‑Lynch said he had said, "I don't feel like going into work today. I'm going to turn around and go home," and later added, "I've enough of this. I'm done, I'm outta here." Reilly described the conversation as operational and said O'Brien‑Lynch had left the job. O'Brien‑Lynch did not attend work the following Monday, and the company did not expect him to return. The WRC concluded he had resigned, not been dismissed, and dismissed his claim for unfair dismissal. The decision was made by adjudication officer David James Murphy. The case involved no further legal outcomes beyond the WRC ruling.

Who, what, where, when and why

What: Report matter: Estate agent who denied 'I don't feel like going into work today' remark meant he was quitting loses claim for unfair dismissal.. Procedural stage: hearing_or_decision

When:

• Friday 17 February Other
• 2025-04-08 Publication

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report