WRC rejects unfair-dismissal complaint against Martin Houston & Sons

The Workplace Relations Commission did not uphold Seamus J (James) McDevitt’s unfair-dismissal complaint against Martin Houston & Sons Ltd, finding he had not established that the company terminated his employment. The WRC dated its decision 15 August 2022. McDevitt said he was told there was no work for him after raising concerns about Covid-19 conditions at the company’s premises. The company denied dismissing him and said work remained available if he returned. McDevitt had withdrawn the protected-disclosures element of his claim. The adjudicator preferred the evidence of Martin and Mark Houston about a meeting on 14 April 2020. He also found that McDevitt’s later request for a lay-off letter and the subsequent correspondence showed he could not reasonably have understood that he had been dismissed before making his WRC complaint. The WRC did not uphold the unfair-dismissal complaint.