The Workplace Relations Commission found Kazimierz Partyka was unfairly dismissed by Burnside Autocyl (Tullow) Limited and awarded him €4,000 compensation. The decision was dated 15 February 2023. Partyka, an assembly worker, said he meant to stay away from work until his concerns were addressed, not resign. The employer said he resigned during negotiations over a different role.
The adjudication officer found Partyka had not given an unambiguous and unconditional resignation, so the employer had dismissed him. Because the employer did not rely on statutory grounds for a fair dismissal, the officer found the dismissal unfair. The WRC noted Partyka found alternative employment in the weeks after he was dismissed when setting compensation. His separate complaint under the Safety, Health and Welfare at Work Act was not well-founded.