WRC awards chef €2,688 for constructive dismissal

The Workplace Relations Commission awarded Alizera Taatefi €2,688 for constructive unfair dismissal by Italian Cucina Limited, in a decision dated 12 April 2024. It also upheld six complaints about his employment terms and working conditions, awarding €1,344 for each. Taatefi worked as a chef from December 2021 until January 2023. He complained that he had not received written terms, proper breaks, statutory working hours, annual leave or public holiday entitlements, and that he had worked excessive night hours. The company did not attend the hearing or present evidence, and the adjudication officer said notice had been served. The officer found that legislative breaches and the absence of grievance and disciplinary procedures supported Taatefi’s constructive dismissal claim. Constructive dismissal is when an employee resigns because the employer’s conduct leaves them with no reasonable option to stay. The officer said the award for that complaint was limited to four weeks’ pay because Taatefi remained on long-term sick leave at the hearing. His minimum notice complaint was not well founded because statutory minimum notice did not apply after he resigned.