The Workplace Relations Commission (WRC) found Aaron Smyth was unfairly dismissed by Athboy Plant Hire Limited and awarded him €3,500 compensation. The decision was dated 1 June 2022.
Smyth said the company told him there was no work after a contractor found another driver. The company said he had resigned. The adjudication officer found that if Smyth had been dismissed because his position was effectively redundant, the company had not consulted him or considered alternatives. Even on the company’s account, the officer found Smyth sought to return to work quickly and should have been allowed to resume.
The officer noted Smyth found a higher-paying job in September 2020, after a period of unemployment, and was later dismissed from that role in May 2021. The officer also considered his lack of evidence that he looked for work and his inflexibility over finish times when setting compensation.