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WRC awards Ballyseedy Restaurant worker €50,000 for unfair dismissal

By Donal Gilhooly

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission (WRC) awarded David McCullagh €50,000 in compensation after finding that Ballyseedy Restaurant Ltd unfairly dismissed him. The decision was dated 1 November 2024. The WRC found the dismissal was substantially and procedurally unfair, and that it was through no fault of McCullagh’s.

McCullagh worked three days a week as the company’s Head of IT and Procurement on an annual salary of €50,000. He said his wages were cut by 67% for eight weeks without his agreement, and that his dismissal on purported redundancy grounds came without consultation or a fair selection process. The company did not attend either hearing or provide evidence to show the dismissal was fair.

The WRC also found the company failed to notify him in writing of changes to his employment terms and breached the law by reducing his wages and withholding notice pay. It awarded €3,848 for the employment-terms breach and €12,000 on the Payment of Wages complaint, including €10,720 in unpaid wages subject to lawful deductions. A further €12,000 was awarded for annual leave, including €10,840 in unpaid wages subject to lawful deductions. McCullagh withdrew a separate redundancy-payment complaint to pursue his unfair dismissal case.

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