The Workplace Relations Commission awarded former Hyph Ireland chief executive Michael Kiely €440,000 for unfair dismissal and €24,000 for failure to provide minimum notice in a decision dated 21 February 2024.
Hyph Ireland, formerly Xhail Ireland, conceded that Kiely was unfairly dismissed, leaving the WRC to assess compensation. Kiely said a 12-month restrictive covenant and the company’s conduct hindered his efforts to start a new business and limit his losses. The company argued that he had not made reasonable efforts to find work.
The WRC accepted Kiely’s evidence that he was refused permission to start a new company and remained bound by the covenant. It described the company’s conduct as oppressive. The adjudicator assessed his financial loss at €460,000 and reduced it by €20,000 for a five-month period when he could have done more to limit his losses, ordering €440,000. The WRC also awarded €24,000 for four weeks’ minimum notice. It said reinstatement was inappropriate because trust and confidence had been fundamentally fractured.