The Workplace Relations Commission awarded graphic designer Ciaran Roche €33,718 for constructive dismissal after finding his employer failed to address his grievance and provide meaningful work. The decision, dated 21 February 2023, also awarded him €3,728.28 for a separate complaint about information missing from his employment contract.
Roche was placed on temporary lay-off during the COVID-19 pandemic. 3rockeco Limited said restrictions had closed its events and exhibitions business and that his job remained available. Roche said the prolonged lay-off, lack of meaningful work and failure to address his grievance led him to consider himself dismissed.
The WRC found the company had breached the grievance procedure in Roche’s contract and had not provided meaningful work. It concluded that the company’s conduct justified him ending his employment. The adjudicator said Roche had tried to limit his losses and had not contributed to his dismissal.
One unfair dismissal complaint was found not well founded in light of the finding on a second unfair dismissal complaint, which was upheld. The separate terms of employment complaint was also upheld because required information was missing from the contract. The €3,728.28 award represents four weeks’ remuneration.