The Workplace Relations Commission found that Cornelis Van Tonder was constructively unfairly dismissed by Brennan Furniture & Carpets Limited and ordered €15,000 compensation. In a decision dated 9 August 2024, it also awarded him €300 for the company’s admitted failure to provide written employment terms.
Van Tonder said the company owner pushed him out after an argument about working conditions and an incomplete delivery load. The company disputed assault and dismissal, saying he had left after the argument and was invited to return. The WRC found that, although Van Tonder contributed to the altercation by failing to notify the company that a delivery load was incomplete, the company had no grievance procedure and did not respond when he said he was leaving. It found he was justified in treating the employment as ended.
Constructive dismissal is when an employee resigns because the employer’s conduct makes continuing at work unreasonable. The WRC reduced the compensation by 25% to reflect Van Tonder’s contribution. The two awards were made under separate complaints.