The Workplace Relations Commission found James Byrne was unfairly dismissed and directed Cbre Gws to pay him €6,757.52 in compensation. The decision was dated 4 January 2024.
Byrne worked as a maintenance technician and said he was forced to resign after repeated safety concerns were ignored. He raised concerns about supervising roof work, including a contractor working without a harness. Cbre Gws said it acted reasonably and that Byrne had not used its grievance procedure before resigning.
The adjudication officer found Byrne should have been told that disciplinary action was being considered before he received a verbal warning, and given an opportunity to bring a colleague or union representative. She also found Cbre Gws failed to address his concerns and acted unreasonably. Constructive dismissal is when an employee resigns because of the employer’s conduct.