The Workplace Relations Commission found that Philip McCafferty was constructively dismissed by the Society of St Vincent De Paul and awarded him €2,875.74 in compensation. The decision was dated 23 November 2021.
McCafferty, a van driver, resigned in June 2020 after raising concerns about returning to work during a bullying investigation. The WRC found the Society had not assessed the hazards he reported or established whether the proposed workplace was safe. It concluded that his safety concerns were not understood or addressed, making it reasonable for him to end his employment.
The Society argued that McCafferty had resigned voluntarily and before its investigation was complete. The WRC rejected the argument that he had to wait for the investigation to finish. It limited compensation to six weeks’ gross pay, finding that he had not told the Society what conditions would have allowed him to return and had made limited efforts to find other work.