The Workplace Relations Commission awarded Roy Sheahan €6,000 after finding he was unfairly dismissed by Kendra Civil Engineering (Ireland) Limited. The decision was dated 19 June 2023.
Sheahan said heavy duties aggravated a hand injury when he returned to work in September 2020, and that the company did not address his safety concerns or provide lighter duties. The company disputed his account and argued it was not his employer when he resigned.
The adjudication officer found Sheahan remained employed by the company after his return and had raised concerns about the heavy work and its effect on his injury. She found the company had not put measures in place to address those concerns, and that its conduct led him to resign. This amounted to constructive dismissal, when an employee resigns because of an employer’s conduct.
The officer awarded €6,000 in compensation, taking account of Sheahan’s efforts to find other work. She found those efforts were tardy, and that he secured alternative employment in late May 2021, about five months after his dismissal.