The Workplace Relations Commission found Glen Cotter was constructively dismissed by Marlboro Trust (Retail) Limited and awarded him €24,900 compensation. The decision was dated 3 November 2023.
Cotter worked as a relief supervisor and sales representative. The WRC found the employer handled a missing lodgement and disciplinary process unreasonably, including suspending him twice while he was on sick leave. The company had argued he resigned voluntarily.
The award covers actual and prospective losses, including a wage difference in his new job and lost sick-leave pay. The WRC also recommended that the employer consider a sick-leave management policy.
A separate complaint that Cotter worked excessive hours was out of time and could not be saved by an extension of the time limit.