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WRC awards Patrick Doherty €1,800 over constructive dismissal

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Patrick Doherty’s constructive dismissal complaint against John and Sinead Houlihan Ltd T/A Nick's Restaurant well founded and ordered €1,800 compensation. The decision was dated 31 August 2022. His other complaints were withdrawn. Doherty, a kitchen assistant at the Killorglin restaurant since 1991, said excessive hours and the effect of work on his health, along with reduced hours and the handling of his grievance, left him no option but to resign. The respondent did not attend the hearing. The adjudicator found the work had affected Doherty’s health and that the employer should have responded proactively to his difficulties. She also found it had not fairly or proactively engaged with his grievance, leaving him no option but to resign. The award was equivalent to four weeks’ gross pay, subject to statutory deductions.

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