The Workplace Relations Commission awarded Frank O'Dwyer €15,000 after finding that Tesco Ireland unfairly dismissed him. The decision was dated 24 August 2022.
O'Dwyer said he resigned after sustained bullying by a store manager. Tesco said it investigated his grievance, heard an appeal and offered mediation, but did not uphold the bullying allegations. The adjudicator accepted O'Dwyer's evidence, including that the manager humiliated him and pushed him while he was walking away from a checkout. The manager did not attend the hearing to give evidence.
The WRC found that Tesco breached the employment contract test and acted unreasonably by not upholding O'Dwyer's allegations. It concluded that he was unfairly dismissed. The €15,000 compensation covered the period from his constructive dismissal on 2 July 2021 until he reached retirement age on 18 April 2022. The adjudicator found O'Dwyer made no contribution to his dismissal, but made no effort to reduce his financial loss by seeking other work.