Norman Tanju was awarded €13,269 after the Workplace Relations Commission found he had been constructively and unfairly dismissed by Pbr Restaurants Limited. The decision was dated 22 February 2024.
Tanju worked as a Development Chef on a salary of €40,000 a year. He said the company’s plans to change his working pattern and duties, followed by its handling of his grievance, left him with no option but to resign. The company said his contract allowed variable hours, work at its Dublin locations and changes to his duties to meet business needs.
The adjudicator found the grievance process fundamentally flawed, including because there had been no independent medical assessment, important issues were not addressed and Tanju was not given a fair chance to respond to findings against him. A letter threatening disciplinary action over alleged unauthorised absence prompted his resignation, the adjudicator found. The decision concluded that it was reasonable for him to resign, which is what constructive dismissal means.
The compensation comprised €10,769 for losses before he started alternative work and €2,500 for a one-year salary shortfall. The WRC directed the company to pay €13,269 for unfair dismissal.