The Workplace Relations Commission found that Mr Louis O'Neill’s disability discrimination and protected disclosure penalisation complaints against City Break Apartments Limited were not well founded. The decision, dated 13 December 2023, also found that he was not discriminatorily constructively dismissed.
O’Neill said he had been demoted after a road accident and that the company penalised him for raising concerns. The employer denied the claims, saying his title and pay had not changed and that it had hired a Chief Operating Officer as the business expanded. The adjudicator found the medical certificates did not establish a disability, and that O’Neill’s email raised a personal grievance rather than a protected disclosure. The adjudicator also found he resigned voluntarily without first using the company’s grievance process. His complaints about working time and wages were withdrawn at the hearing.