The WRC found Edita Kurensky was constructively unfairly dismissed from Fairhill House Hotel and awarded her €1,500. The decision, dated 4 May 2022, also awarded her €500 for receiving her statement of employment terms late, and €150 each for Sunday work, breaks and exceeding the statutory hours limit.
Kurensky had worked at the hotel since 2017, doing reception, bar, housekeeping and other duties. The adjudication officer found the employer refused her reasonable request to take newly presented employment terms away to review, triggering the events that led to her resignation. The officer noted she found alternative employment relatively quickly.
The WRC rejected her discrimination complaint because she had not made out a prima facie case, and rejected her complaint about starting and finishing times because her hours were allocated on a roster published each Friday. Kurensky withdrew her annual leave and public holiday complaints after confirming she had been paid. Neither party adduced evidence concerning daily or weekly rest periods.