The Workplace Relations Commission found that Jimmy O’Neill was constructively dismissed by McCormack Chemicals Ltd T/A Autosmart Leinster and directed the company to pay him €12,500 in compensation. The decision was dated 19 June 2023.
O’Neill said he resigned after repeated problems with late or unpaid commission, bullying and intimidation, and unsuccessful efforts to resolve matters through human resources. The company denied mistreating him and argued that he had not completed its grievance process.
The adjudication officer found that commission was consistently paid late and sometimes not paid, breaching a fundamental term of the employment contract. The officer said O’Neill had made concerted efforts to resolve the issues and that further grievance steps were unrealistic because the conduct he complained of involved the company’s most senior person. The officer found it reasonable for O’Neill to resign. The compensation took account of his financial losses and efforts to find other work.