The Workplace Relations Commission awarded Mario Kistner €108,000 for unfair dismissal and €25,800 for unpaid wages in a decision dated 15 June 2023. Kistner was chief executive of Suirsafe Technologies Limited.
Kistner said the company told him to work without pay until it secured new shareholder funding or resign immediately, despite a six-month notice period. He also claimed a month and a half of unpaid wages. The company did not attend the hearing.
Adjudication officer Peter O'Brien found the company significantly breached the employment contract by not paying Kistner during his notice period or expecting him to work without pay. He found Kistner was unfairly dismissed and awarded €108,000 in compensation, accepting that the contractual notice period and restriction on seeking new work delayed his return to employment.
The officer also found Kistner was entitled to wages from 1 May to 13 June 2022 and awarded him €25,800 under the Payment of Wages Act. Constructive dismissal is when an employee resigns because the employer’s conduct has made the working relationship untenable.