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David Clinton awarded €3,949.12 after WRC rejects four complaints

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found David Clinton was not unfairly dismissed after concluding he had resigned, but awarded him €3,949.12 for a breach of the written-terms requirement. The decision was dated 27 April 2022. Clinton said workplace treatment led him to resign and that he later tried to return. Marlboro Trust (Retail) Dac said he resigned voluntarily and sought to change his mind after his employment ended. The WRC found his resignation was clear and unequivocal and that his request to return came after his employment had ended. The WRC also found his complaints about daily rest periods, rest breaks and minimum notice were not well founded. It upheld the written-terms complaint, finding the contract document was incomplete and was not properly provided or signed. The compensation was the maximum the officer could award for that breach.

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