The Workplace Relations Commission ordered Derrycourt Cleaning Specialists Derrycourt Company Ltd to pay Damian Panusz €5,000 after finding his constructive unfair dismissal complaint well founded under the Unfair Dismissals Act. The decision was dated 29 September 2022.
Panusz worked at the company’s client premises in Fairgreen Shopping Centre, Mullingar. After a dispute with the centre manager, he received a final written warning and was told he would not return to the site. He resigned in May 2019, saying he had no option but to leave. The company said he had resigned voluntarily.
The adjudicator found the disciplinary process fair, but said Derrycourt failed to actively engage with Panusz or transfer him to another site, contrary to his employment terms and the purpose of lay-off. The adjudicator found he had no option but to resign. A separate complaint reference was withdrawn.