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WRC awards Kevin Blake €6,250 after finding he was unfairly dismissed

By Fionn Kelly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission (WRC) directed Freighteam Transport Ltd to pay Kevin Blake €6,250 after finding that he was unfairly dismissed when he resigned. The award, equivalent to six weeks’ gross pay and subject to normal deductions, was set out in a decision dated 18 November 2021.

Blake had worked for the company since 2001 and became a director in 2005. From 2011, he was responsible for its Dublin business and had around 12 direct reports. He said the managing director’s conduct undermined his role and made it impossible for him to continue working there.

Freighteam argued that Blake had not used the grievance procedure in his contract and had resigned unreasonably without giving the company a fair opportunity to address his concerns. The adjudicator found that the managing director had undermined Blake’s authority and that the conduct was a significant breach of the employment contract. She also found that the grievance procedure was inadequate to resolve a dispute between directors, and that Blake was justified in resigning.

Blake set up his own business and was earning the same amount as before after six weeks, a factor the adjudicator considered when setting the award.

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