The Workplace Relations Commission found that Maria Khan was unfairly dismissed by Elm Fireplaces Ltd. but awarded no compensation, finding that she contributed 100% to her dismissal. In a decision dated 28 August 2024, the WRC also ordered the company to pay her an entitlement equal to 8.38 days of annual leave.
Khan said she had not resigned and challenged her suspension and the handling of a workplace complaint. Elm Fireplaces said she had resigned after seeking a pay increase and the option to work from home. The WRC found that the dismissal was procedurally unfair because Khan was not given details of the complaint against her or an opportunity to question the coworker who made it. It also found that her refusal to return unless her demands were met and her failure to engage with meetings and the investigation contributed fully to the dismissal.
The WRC found it had no jurisdiction to hear her public holiday complaint because it was submitted outside the time limit, so the merits were not decided. Her discrimination, harassment and victimisation complaint was not well founded. A duplicate equality complaint was withdrawn, and the WRC made no decision on it.