The Workplace Relations Commission found Thomas Byrnes was unfairly dismissed by Tommy and James Stack T/A Thomastown Training Centre and awarded him €5,820. The decision was dated 24 February 2022.
The award comprised 11 weeks’ salary and one week’s pay in lieu of notice. Byrnes said he had not resigned; the employer argued he had left during a heated exchange and resigned. The adjudicator found that he had not resigned and that being told he had been replaced amounted to dismissal.
The WRC found there were no substantial grounds for dismissal and that the employer had not followed its procedures. It also found Byrnes contributed to his dismissal by leaving work without permission after witnessing the aftermath of a colleague’s sudden death.