The Workplace Relations Commission awarded Aidan Kenny €42,853.66 after finding he was constructively and unfairly dismissed by Textile Recycling Limited. The decision was dated 4 January 2023.
Kenny worked for the company from February 2007 until he resigned in August 2020. He said his lay-off was not genuine, he wanted to return to work and financial pressure forced him to resign. The company said the pandemic had stopped his business development work and there was no work for him.
The adjudicator found work was available, Kenny had been singled out for lay-off without an explanation and the company had not told him when work might resume. The lay-off was not genuine, and placing him on lay-off despite available work amounted to a repudiation of his employment contract. The award included €16,812 for lost accrued redundancy rights, €2,750 for two weeks between jobs and €23,291.66 for prospective pay loss.