The Workplace Relations Commission awarded Ciprian Toader €8,500 after finding he was constructively dismissed when The Historic Flooring Company Ltd failed to pay his wages for several weeks. The decision was dated 26 June 2024.
Toader said he repeatedly sought the wages and warned the company on 30 January 2023 that he would refer the matter to the WRC if it remained unpaid. The company attributed the delay to cashflow problems and said it had discussed the issue with staff. The adjudicator found Toader had been left without at least four weeks’ pay, and possibly seven; the company disputed the longer period.
The adjudicator said the failure to pay for work done and the company’s lack of response breached an essential term of the employment contract. That made it reasonable for Toader to regard himself as dismissed, even though he had resigned. The WRC reduced the compensation to reflect his inadequate efforts to find other work after leaving.